WSR 05-15-059

PROPOSED RULES

STATE BOARD OF EDUCATION


[ Filed July 12, 2005, 9:32 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-12-111.

Title of Rule and Other Identifying Information: WAC 180-33-025 Space eligible for state financial assistance in modernization.

Hearing Location(s): Educational Service District 123, 3918 West Court Street, Pasco, WA 98301, on August 25, 2005, at 8:30 a.m.

Date of Intended Adoption: August 26, 2005.

Submit Written Comments to: Larry Davis, Executive Director, P.O. Box 47206, Olympia, WA 98504-7206, e-mail ldavis@ospi.wednet.edu, fax (360) 586-2357, by August 10, 2005.

Assistance for Persons with Disabilities: Contact Laura Moore, Executive Assistant, by August 10, 2005, TTY (360) 664-3631 or (360) 725-6025.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Versions 1 and 2 of the proposed changes set different dates for the elimination of the assistance program.

Reasons Supporting Proposal: With the recent increases in the area cost allowance for school building construction, this assistance is no longer needed.

Statutory Authority for Adoption: RCW 28A.525.020.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: State Board of Education, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, Washington, (360) 725-6025.

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. Not applicable.

July 8, 2005

Larry Davis

Executive Director

OTS-8175.1

Version 1
AMENDATORY SECTION(Amending WSR 98-09-052, filed 4/16/98, effective 5/17/98)

WAC 180-33-025   Space eligible for state financial assistance in modernization.   Space allowance and enrollment projection provision for state matching purposes.

(1) In planning for modernization in any school facility, under the provisions of WAC 180-33-015 (1)(a) and (b), a school district shall estimate capacity needs on the basis of a cohort survival enrollment as per WAC 180-27-045. Any space above and beyond a school district's estimated capacity needs as calculated on the basis of a five-year cohort survival or adjusted cohort survival enrollment shall not be eligible for state financial assistance in modernization with the exception as stated in subsection (2) ((below)) of this section.

(2) In computing the amount of eligible space for modernization, the state will match the entire facility if 3/4 of the overall square footage of the school district's facilities is eligible for state financial assistance. If less than 3/4 of the overall square footage of the school district's facilities is eligible for state financial assistance, the district shall pay the entire cost of modernizing any additional space: Provided, That this subsection shall not be applicable to new construction in lieu of modernization facility projects authorized by this chapter.

(3) In planning for modernization in any combined facility as per WAC 180-33-015 (3)(c) a school district shall estimate enrollment in the district on the basis of a cohort survival enrollment as per WAC 180-27-045.

(4) The exception provided in subsection (2) of this section shall apply only to projects that have reached and started the D-10 form process by December 31, 2005.

[Statutory Authority: RCW 28A.525.020. 98-09-052, 180-33-025, filed 4/16/98, effective 5/17/98. Statutory Authority: RCW 28A.525.020 and 1992 c 233 28 (8)(e). 94-13-020, 180-33-025, filed 6/3/94, effective 7/4/94. Statutory Authority: RCW 28A.47.830. 85-24-049 (Order 26-85), 180-33-025, filed 11/27/85; 83-21-071 (Order 16-83), 180-33-025, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), 180-33-025, filed 12/1/81.]

OTS-8176.1

Version 2
AMENDATORY SECTION(Amending WSR 98-09-052, filed 4/16/98, effective 5/17/98)

WAC 180-33-025   Space eligible for state financial assistance in modernization.   Space allowance and enrollment projection provision for state matching purposes.

(1) In planning for modernization in any school facility, under the provisions of WAC 180-33-015 (1)(a) and (b), a school district shall estimate capacity needs on the basis of a cohort survival enrollment as per WAC 180-27-045. Any space above and beyond a school district's estimated capacity needs as calculated on the basis of a five-year cohort survival or adjusted cohort survival enrollment shall not be eligible for state financial assistance in modernization ((with the exception as stated in subsection (2) below)).

(2) ((In computing the amount of eligible space for modernization, the state will match the entire facility if 3/4 of the overall square footage of the school district's facilities is eligible for state financial assistance. If less than 3/4 of the overall square footage of the school district's facilities is eligible for state financial assistance, the district shall pay the entire cost of modernizing any additional space: Provided, That this subsection shall not be applicable to new construction in lieu of modernization facility projects authorized by this chapter.

(3) In planning for modernization in any combined facility as per WAC 180-33-015 (3)(c) a school district shall estimate enrollment in the district on the basis of a cohort survival enrollment as per WAC 180-27-045.)) The changes to this section shall take effect January 1, 2006.

[Statutory Authority: RCW 28A.525.020. 98-09-052, 180-33-025, filed 4/16/98, effective 5/17/98. Statutory Authority: RCW 28A.525.020 and 1992 c 233 28 (8)(e). 94-13-020, 180-33-025, filed 6/3/94, effective 7/4/94. Statutory Authority: RCW 28A.47.830. 85-24-049 (Order 26-85), 180-33-025, filed 11/27/85; 83-21-071 (Order 16-83), 180-33-025, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), 180-33-025, filed 12/1/81.]

Washington State Code Reviser's Office