WSR 06-11-175

EXPEDITED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed May 24, 2006, 11:11 a.m. ]

Title of Rule and Other Identifying Information: Chapter 180-31 WAC, State assistance in providing school plant facilities -- Interdistrict cooperation in financing school plant construction; chapter 180-32 WAC, State assistance in providing school plant facilities--Interdistrict transportation cooperatives; and chapter 180-33 WAC, State assistance in providing school plant facilities -- Modernization.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO William T. Panos, Director, School Facilities and Organization, Office of Superintendent of Public Instruction, P.O. Box 47200, Olympia, WA 98504-7200 , AND RECEIVED BY July 24, 2006.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The statutory authority to adopt rules governing state assistance in providing school plant facilities to school districts was transferred from the Washington state board of education (SBE) to the office of superintendent of public instruction (OSPI) by legislation passed during the 2006 legislative session (E2SHB 3098, sections 301 through 335).

The proposed amendatory changes to the WAC chapters referenced above serve only to indicate the transfer of authority from the SBE to the OSPI and will not result in any changes to the existing requirements under the amended chapters or chapters referenced therein.

Reasons Supporting Proposal: E2SHB 3098, Sections 301 - 335.

Statutory Authority for Adoption: RCW 28A.525.020.

Statute Being Implemented: E2SHB 3098, sections 301 - 335.

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

Name of Proponent: Superintendent of public instruction, school facilities and organization, governmental.

Name of Agency Personnel Responsible for Drafting: Charles Schreck, Office of Professional Practices, Office of Superintendent of Public Instruction, (360) 725-6130; Implementation: Marty Daybell, General Administration and Operations, Office of Superintendent of Public Instruction, (360) 725-6002; and Enforcement: William T. Panos, School Facilities and Organization, Office of Superintendent of Public Instruction, (360) 725-6261.

May 24, 2006

Dr. Terry Bergeson

Superintendent

OTS-8898.1


AMENDATORY SECTION(Amending WSR 98-19-144, filed 9/23/98, effective 10/24/98)

WAC 180-31-005   Authority.   This chapter is adopted pursuant to RCW 28A.525.020 relating to authority of the ((state board of education)) superintendent of public instruction to prescribe rules and regulations governing the administration, control, terms, conditions and disbursements of allotments to school facilities. In accordance with RCW 28A.525.200, the only provisions of chapter 28A.525 RCW currently applicable to state assistance for school plant facilities are RCW 28A.525.030, 28A.525.040, 28A.525.050, and 28A.525.162 through 28A.525.178.

[Statutory Authority: RCW 28A.525.020. 98-19-144, 180-31-005, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990 c 33. 90-17-009, 180-31-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-068 (Order 13-83), 180-31-005, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 01-08-040, filed 3/30/01, effective 4/30/01)

WAC 180-31-012   Waiver of rules to facilitate alternative public works contracting procedures.   The provisions of this chapter may be deemed waived in accordance with WAC ((180-25-012)) 392-341-012.

[Statutory Authority: RCW 28A.525.020. 01-08-040, 180-31-012, filed 3/30/01, effective 4/30/01.]


AMENDATORY SECTION(Amending WSR 98-19-144, filed 9/23/98, effective 10/24/98)

WAC 180-31-020   Cooperative plan subject to ((state board)) the superintendent of public instruction approval.   Any interdistrict financial plan for construction or modernization of school facilities utilizing state moneys in the financing of the proposed project, shall require approval by the ((state board of education)) superintendent of public instruction prior to carrying into effect the provisions of such plan. ((State board of education)) The superintendent of public instruction approval is only required for projects utilizing state moneys.

[Statutory Authority: RCW 28A.525.020. 98-19-144, 180-31-020, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-068 (Order 13-83), 180-31-020, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 98-19-144, filed 9/23/98, effective 10/24/98)

WAC 180-31-025   Application provisions.   For projects utilizing state moneys, the host district shall submit a written application to the superintendent of public instruction which shall include but not be limited to the following documents and data:

(1) A joint resolution by the board of directors of all participating school districts which shall:

(a) Confer contractual authority and subsequent ownership on the board of directors in which jurisdiction the school facility is to be located (host district) or, in the event of modernization, the board of directors in which jurisdiction the facility is located (host district);

(b) Designate such board of directors of the host district as the legal applicant. Evidence shall be submitted that the said resolution has been incorporated in the official record of the board of directors of each participating school district; and

(c) Certify that the facility shall be used for the purpose for which it was constructed unless an exception is granted by the ((state board of education)) superintendent of public instruction.

(2) Copy of contracts(s) between applicant district and participating school districts prepared in accordance with provisions in WAC ((180-31-030)) 392-345-030.

(3) A statement defining the education program or services to be offered and the number and grade level(s) by district of all students to be housed in the proposed new or modernized facility.

(4) A description of the proposed project including size in terms of square feet and the estimated cost of construction including professional services, sales tax, site acquisition and site development.

(5) An area map indicating location of schools within the participating school districts and the location of the proposed new or modernized school facility.

(6) A statement certifying that a separate account has been established into which participating districts make deposits in order to pay for all future minor repair and renovation costs.

[Statutory Authority: RCW 28A.525.020. 98-19-144, 180-31-025, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-068 (Order 13-83), 180-31-025, filed 10/17/83.]


AMENDATORY SECTION(Amending Order 13-83, filed 10/17/83)

WAC 180-31-030   Interdistrict cooperative agreements.   Interdistrict agreements between applicant and participating districts shall contain and set forth a description of the following elements:

(1) Financial terms by which each cooperating district will participate in the cost of construction or modernization and operation of the school facility;

(2) Administration of the school facility and of the program or services to be offered therein and specific services to be utilized by each participating school district;

(3) Duration of the interdistrict cooperation agreement; and

(4) Procedures for dissolution of cooperative operation of the school facility including but not limited to the following:

(a) Ownership of all capital equipment and school facilities;

(b) Distribution of assets or the payments to be made to the participating districts; and

(c) Minimum period of operation prior to dissolution consideration and approval by the ((state board of education)) superintendent of public instruction in accordance with provisions hereinafter in WAC ((180-31-040)) 392-345-040.

[Statutory Authority: RCW 28A.47.830. 83-21-068 (Order 13-83), 180-31-030, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 98-19-144, filed 9/23/98, effective 10/24/98)

WAC 180-31-035   Approval of program or services by superintendent of public instruction.   Approval by the superintendent of public instruction of the educational program or services to be offered in the proposed new or modernized facility and the proposed administration of such program or services shall be a prerequisite for approval by the ((state board of education)) superintendent of public instruction of an interdistrict cooperative financial plan for construction of new or modernization of facilities when state moneys are provided.

[Statutory Authority: RCW 28A.525.020. 98-19-144, 180-31-035, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-068 (Order 13-83), 180-31-035, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 98-19-144, filed 9/23/98, effective 10/24/98)

WAC 180-31-040   Dissolution provisions.   (1) Procedures for the dissolution of the operation of school facilities pursuant to an interdistrict cooperative agreement shall not be instituted prior to the expiration of ten years after the date of ((state board of education)) the superintendent of public instruction approval of the financial plan for the construction of such school facilities when such facilities were constructed with state moneys: Provided, That a request for dissolution prior to such ten-year period may be approved when, in the judgment of the ((state board of education)) superintendent of public instruction, there is substantiation of sufficient cause therefor.

(2) Any plan for dissolution as described in subsection (1) of this section shall be submitted to the ((state board of education)) superintendent of public instruction for review and approval prior to proceeding with dissolution action.

[Statutory Authority: RCW 28A.525.020. 98-19-144, 180-31-040, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-068 (Order 13-83), 180-31-040, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 98-19-144, filed 9/23/98, effective 10/24/98)

WAC 180-31-045   Interdistrict cooperation in financing school construction -- Project construction approval required -- Rules and regulations governing.   A project to be constructed under interdistrict cooperative financing pursuant to provisions of RCW 28A.335.160 shall be subject to approval by the ((state board of education)) superintendent of public instruction only when state funds are involved in the financing thereof and shall be in conformity with the applicable rules and regulations hereinafter prescribed. The applicant school district shall be responsible for compliance with said rules and regulations.

(1) Projects financed with state assistance.

(a) All rules and regulations promulgated by the ((state board of education)) superintendent of public instruction relating to school building construction shall govern the approval of an application for state assistance in financing an interdistrict cooperative project except such rules deemed by the superintendent of public instruction to be inapplicable to the said construction: Provided, That in the interest of program improvement and/or improvement in equalization of educational opportunities, the pertinent requirements relating to eligibility on the basis of number of unhoused children may be waived as shall be determined by the ((state board of education)) superintendent of public instruction.

(b) In determining the amount of state assistance, the principle to be applied shall be that each participating district, otherwise eligible for state assistance, shall receive such assistance on the basis of the computed area ratio. The amount that each participating district shall provide may be the percentage proportion that the value of its taxable property bears to the total value of taxable property of all participating districts or such other amounts as set forth in the contract submitted as are accepted and approved by the ((state board of education)) superintendent of public instruction.

(2) Application for additional state assistance. In the financing of interdistrict cooperative projects, applications for state assistance, in addition to the amount determined allocable under basic state support level provisions, shall be judged by the ((state board of education)) superintendent of public instruction on the basis of the need for said facilities for the expressed purpose of:

(a) Providing educational opportunities, including vocational skills programs not otherwise provided;

(b) Avoiding unnecessary duplication of specialized or unusually expensive educational programs or facilities; or

(c) Improving racial balance within and among participating districts.

(3) Determination of amount of additional state assistance. When in the judgment of the ((state board of education)) superintendent of public instruction an expressed need exists for an interdistrict cooperative project to achieve one or more of the expressed purposes as set forth in subsection (2) of this section and additional state assistance in financing said joint construction is necessary to meet such need, additional state assistance may be allowed in an amount to be determined by the ((state board)) superintendent of public instruction: Provided, That the total amount allotted shall not exceed ninety percent of the total project cost determined eligible for state matching purposes: Provided further, That the total funds available to the ((state board)) superintendent of public instruction for the biennial period are sufficient to meet statewide needs for state assistance in providing necessary school facilities to individual school districts as well as for this purpose.

[Statutory Authority: RCW 28A.525.020. 98-19-144, 180-31-045, filed 9/23/98, effective 10/24/98.]


NEW SECTION


The following chapter of the Washington Administrative Code is decodified as follows:


Old WAC Number New WAC Number
180-31-005 392-345-005
180-31-010 392-345-010
180-31-012 392-345-012
180-31-015 392-345-015
180-31-020 392-345-020
180-31-025 392-345-025
180-31-030 392-345-030
180-31-035 392-345-035
180-31-040 392-345-040
180-31-045 392-345-045

OTS-8899.1


AMENDATORY SECTION(Amending WSR 98-19-145, filed 9/23/98, effective 10/24/98)

WAC 180-32-005   Authority.   This chapter is adopted pursuant to RCW 28A.525.020 which authorizes the ((state board of education)) superintendent of public instruction to prescribe rules and regulations governing the administration, control, terms, conditions, and disbursements of moneys to school districts to assist them in providing school facilities. In accordance with RCW 28A.525.200, the only provisions of chapter 28A.525 RCW currently applicable to state assistance for school facilities are RCW 28A.525.030, 28A.525.040, 28A.525.050, and 28A.525.162 through 28A.525.178.

[Statutory Authority: RCW 28A.525.020. 98-19-145, 180-32-005, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990 c 33. 90-17-009, 180-32-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), 180-32-005, filed 10/17/83.]


AMENDATORY SECTION(Amending Order 15-83, filed 10/17/83)

WAC 180-32-010   Purpose.   The purpose of this chapter is to set forth provisions applicable prior to a district's application for state assistance in the construction of interdistrict transportation cooperative facilities. Except as otherwise noted in this chapter, the rules and regulations which apply to state assistance in financing school facilities set forth below shall apply to the construction of interdistrict transportation cooperatives:

(1) Basic state support: WAC ((180-27-040, 180-27-060, and 180-27-070 through 180-27-125)) 392-343-040, 392-343-060, and 392-343-070 through 392-343-125.

(2) Procedural regulations: WAC ((180-29-055)) 392-344-055 through ((180-29-170)) 392-344-170.

[Statutory Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), 180-32-010, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 01-08-040, filed 3/30/01, effective 4/30/01)

WAC 180-32-012   Waiver of rules to facilitate alternative public works contracting procedures.   The provisions of this chapter may be deemed waived in accordance with WAC ((180-25-012)) 392-341-012.

[Statutory Authority: RCW 28A.525.020. 01-08-040, 180-32-012, filed 3/30/01, effective 4/30/01.]


AMENDATORY SECTION(Amending Order 15-83, filed 10/17/83)

WAC 180-32-015   Interdistrict transportation cooperative members -- Definition.   As used in this chapter:

(1) "Participating member" means a district in a cooperative which anticipates making full use of all the services offered by the cooperative and provides its agreed share of matching funds required by the ((state board of education)) superintendent of public instruction. A participating member must be a member of the cooperative for at least ten years.

(2) "Contract member" means a district which contracts to use the services of the cooperative as outlined in the initial agreement for at least three years. At a minimum, contracts for service shall include lubrication, oil and filter changes on a regular basis.

(3) "Applicant district" means the school district in which the proposed interdistrict transportation cooperative facility is to be located or in which the facility proposed for modernization is located. It shall be the responsibility of said applicant district to submit the application for financial plan approval.

[Statutory Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), 180-32-015, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 98-19-145, filed 9/23/98, effective 10/24/98)

WAC 180-32-020   Interdistrict transportation cooperative -- Cooperative plan subject to ((state board of education)) the superintendent of public instruction approval.   Any financial plan for construction of an interdistrict transportation cooperative utilizing state moneys in the financing of the proposed project, shall require approval by the ((state board of education)) superintendent of public instruction prior to implementing the provisions of such plan. ((State board of education)) The superintendent of public instruction approval is only required for projects utilizing state moneys.

[Statutory Authority: RCW 28A.525.020. 98-19-145, 180-32-020, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), 180-32-020, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 98-19-145, filed 9/23/98, effective 10/24/98)

WAC 180-32-025   Application provisions.   For projects utilizing state moneys, the host school district shall submit a written application to the superintendent of public instruction which shall include but not be limited to the following documents and data:

(1) A joint resolution by the board of directors of all participating school districts which shall:

(a) Confer contractual authority and subsequent ownership on the board of directors in which jurisdiction the facility is to be located or, in the event of modernization, in which jurisdiction the facility is located (host district);

(b) Designate such board of directors as the legal applicant; and

(c) A copy of the official record of the board of directors of each participating school district indicating that the resolution has been formally adopted.

(2) Copy of contract(s) between districts prepared in accordance with chapter ((180-31)) 392-345 WAC.

(3) A written description of services to be offered in the proposed interdistrict transportation cooperative, including number of districts involved and whether or not cooperating members are participating districts or contract districts; the number of buses from each participating and contract district to be serviced, and number of bus miles traveled per year for each participating and contract district.

(4) A description of the proposed project including square footage and the estimated cost of construction including professional services, sales tax, site costs, and site development.

(5) An area map indicating location of the facility in relationship to the participating and contract school districts.

(6) A statement certifying that a separate account has been established into which participating districts make deposits in order to pay for all future minor repair and renovation costs.

[Statutory Authority: RCW 28A.525.020. 98-19-145, 180-32-025, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), 180-32-025, filed 10/17/83.]


AMENDATORY SECTION(Amending Order 15-83, filed 10/17/83)

WAC 180-32-030   Interdistrict agreements.   Interdistrict agreements between participating and contract districts shall contain and set forth descriptions of the following elements:

(1) Financial terms by each cooperating district shall participate in the cost of construction or modernization and operation of the facility.

(2) The district administering the facility and the program or services to be offered therein and specific services to be utilized by each participating school district.

(3) Duration of the interdistrict cooperation agreement.

(4) Procedures for dissolution of cooperative operation of the facility including but not limited to the following:

(a) Ownership of all capital equipment and facilities;

(b) Distribution of assets or the payments to be made to the participating districts; and

(c) Minimum period of operation prior to dissolution consideration and approval by the ((state board of education)) superintendent of public instruction in accordance with chapter ((180-31)) 392-345 WAC.

[Statutory Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), 180-32-030, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 98-19-145, filed 9/23/98, effective 10/24/98)

WAC 180-32-035   Approval -- ((State board of education)) The superintendent of public instruction.   Approval by the superintendent of public instruction of services to be offered in the proposed interdistrict transportation cooperative and the proposed district administration of such program or services shall be a prerequisite for approval by the ((state board of education)) superintendent of public instruction of an interdistrict cooperative financial plan for construction of new facilities or modernization of existing facilities when state moneys are provided.

[Statutory Authority: RCW 28A.525.020. 98-19-145, 180-32-035, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), 180-32-035, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 98-19-145, filed 9/23/98, effective 10/24/98)

WAC 180-32-040   Dissolution provisions.   (1) Procedures for the dissolution of the operation of interdistrict cooperatives under an interdistrict cooperative agreement shall not be instituted prior to the expiration of ten years after the date of ((state board of education)) the superintendent of public instruction approval of the financial plan for the construction of such school facilities when such facilities were constructed with state moneys: Provided, That a request for dissolution prior to the expiration of ten years may be approved when in the judgment of the ((state board of education)) superintendent of public instruction there is substantiation of sufficient cause therefor.

(2) Any plan for dissolution as described in subsection (1) of this section shall be submitted to the ((state board of education)) superintendent of public instruction for review and written approval prior to proceeding with dissolution action.

[Statutory Authority: RCW 28A.525.020. 98-19-145, 180-32-040, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), 180-32-040, filed 10/17/83.]


AMENDATORY SECTION(Amending Order 15-83, filed 10/17/83)

WAC 180-32-060   Design team -- Architect/engineering services.   Architect/engineering service fees for matching purposes shall be determined pursuant to WAC ((180-27-070)) 392-343-070.

[Statutory Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), 180-32-060, filed 10/17/83.]


AMENDATORY SECTION(Amending Order 15-83, filed 10/17/83)

WAC 180-32-070   Interdistrict transportation cooperatives -- State assistance.   In the financing of an approved interdistrict transportation cooperative, the ((state board of education)) superintendent of public instruction shall provide ninety percent of the total approved project cost determined eligible for state matching purposes.

[Statutory Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), 180-32-070, filed 10/17/83.]


NEW SECTION


The following chapter of the Washington Administrative Code is decodified as follows:


Old WAC Number New WAC Number
180-32-005 392-346-005
180-32-010 392-346-010
180-32-012 392-346-012
180-32-015 392-346-015
180-32-020 392-346-020
180-32-025 392-346-025
180-32-030 392-346-030
180-32-035 392-346-035
180-32-040 392-346-040
180-32-045 392-346-045
180-32-050 392-346-050
180-32-060 392-346-060
180-32-065 392-346-065
180-32-070 392-346-070

OTS-8900.1


AMENDATORY SECTION(Amending WSR 98-19-138, filed 9/23/98, effective 10/24/98)

WAC 180-33-005   Authority.   This chapter is adopted pursuant to RCW 28A.525.020 which authorizes the ((state board of education)) superintendent of public instruction to prescribe rules and regulations governing the administration, control, terms, conditions, and disbursements of moneys to school districts to assist them in providing school facilities. In accordance with RCW 28A.525.200, the only provisions of chapter 28A.525 RCW currently applicable to state assistance for school facilities are RCW 28A.525.030, 28A.525.040, and 28A.525.162 through 28A.525.178.

[Statutory Authority: RCW 28A.525.020. 98-19-138, 180-33-005, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990 c 33. 90-17-009, 180-33-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-071 (Order 16-83), 180-33-005, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), 180-33-005, filed 12/1/81.]


AMENDATORY SECTION(Amending WSR 01-08-040, filed 3/30/01, effective 4/30/01)

WAC 180-33-012   Waiver of rules to facilitate alternative public works contracting procedures.   The provisions of this chapter may be deemed waived in accordance with WAC ((180-25-012)) 392-341-012.

[Statutory Authority: RCW 28A.525.020. 01-08-040, 180-33-012, filed 3/30/01, effective 4/30/01.]


AMENDATORY SECTION(Amending WSR 91-12-058, filed 6/5/91, effective 7/6/91)

WAC 180-33-013   Annually determined building replacement value.   The annually determined building replacement value for any building in any year is the state determined maximum area cost allowance for July of that year times the gross square footage determined under WAC ((180-27-040)) 392-343-040.

[Statutory Authority: [RCW 28A.525.020.] 91-12-058, 180-33-013, filed 6/5/91, effective 7/6/91.]


AMENDATORY SECTION(Amending WSR 05-23-046, filed 11/9/05, effective 12/10/05)

WAC 180-33-015   Eligibility for state financial assistance.   (1) In order to be eligible for state financial assistance, a modernization project shall have as its principal purpose one or more of the following:

(a) Bringing a facility into compliance with current building and health codes when so required by state or local health or safety officials;

(b) Changing the grade span grouping by facility by the addition, deletion, or combination thereof of two or more grades within the affected facility;

(c) The reduction of the number of operating school facilities in a district by combining the remaining school facilities through modernization and new capital construction so as to achieve more cost effective and efficient operation in the combined school facility or facilities. In order to be eligible for state financial assistance, such a project shall result in additional space for at least 100 additional pupils and the following enrollment in any combined facility:

(i) Elementary school facility -- 500 pupils;

(ii) Middle or junior high school facility -- 700 pupils;

(iii) Senior high school facility -- 850 pupils:

Provided, That modernization projects in school districts with a high school enrollment of less than 850 pupils need not comply with the enrollment figures set forth above: Provided further, That unless the district demonstrates the existence of unhoused students, state financial assistance for the new construction component of a combined modernization and new construction project shall be limited to the provision of WAC ((180-33-040)) 392-347-040; or

(d) Meeting the educational program of the facility.

(2) School districts shall certify that a proposed modernization project will extend the life of the modernized school facility by at least twenty years.

(3) School districts shall be ineligible for state assistance for modernization of any school facility accepted by the school district board of directors prior to January 1, 1993, where the principal purpose of that modernization project is to:

(a) Restore building systems and subsystems that have deteriorated due to deferred maintenance;

(b) Perform piecemeal work on one section or system of a school facility;

(c) Modernize a facility or any section thereof which has been constructed within the previous twenty years;

(d) Modernize a facility or any section thereof which has received state assistance under the authority of this chapter within the previous twenty years;

(e) To modernize a senior high school facility in a district with a senior high school where there is existing space available to serve the students involved or affected in a neighboring senior high school without, in the judgment of the ((state board of education)) superintendent of public instruction, an undue increase in the cost of transporting the students to and from school, decrease in educational opportunity, or proportional increase in the cost of instruction pursuant to chapter ((180-25)) 392-341 WAC.

(4) School facilities accepted by the school district board of directors after January 1, 1993, shall be ineligible for state assistance for modernization of the facility or any section thereof where:

(a) The facility was constructed and occupied within the previous thirty years;

(b) The facility received state assistance under the authority of this chapter within the previous thirty years.

[Statutory Authority: RCW 28A.525.020. 05-23-046, 180-33-015, filed 11/9/05, effective 12/10/05; 91-12-058, 180-33-015, filed 6/5/91, effective 7/6/91. Statutory Authority: RCW 28A.47.830. 85-24-049 (Order 26-85), 180-33-015, filed 11/27/85; 85-09-060 (Order 8-85), 180-33-015, filed 4/17/85; 83-21-071 (Order 16-83), 180-33-015, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), 180-33-015, filed 12/1/81.]


AMENDATORY SECTION(Amending WSR 01-19-042, filed 9/14/01, effective 10/15/01)

WAC 180-33-020   Formula for determining the amount of state assistance.   State assistance in an approved modernization project shall be derived by applying the percentage of state assistance determined pursuant to provisions of RCW 28A.525.166 and WAC ((180-27-025)) 392-343-025 to the eligible cost which shall be calculated by multiplying the approved square foot area of the modernization project by the area cost allowance for the fiscal year funded, less any deductions as set forth in WAC ((180-33-023)) 392-347-023 if applicable, by the factor in WAC ((180-33-040)) 392-347-040 set forth, any cost in excess thereof shall be financed entirely by the school district.

[Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, 180-33-020, filed 9/14/01, effective 10/15/01. Statutory Authority: [RCW 28A.525.020.] 91-12-058, 180-33-020, filed 6/5/91, effective 7/6/91. Statutory Authority: 1990 c 33. 90-17-009, 180-33-020, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-071 (Order 16-83), 180-33-020, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), 180-33-020, filed 12/1/81.]


AMENDATORY SECTION(Amending WSR 01-09-012, filed 4/6/01, effective 5/7/01)

WAC 180-33-023   State assistance in post 1992 facilities.   State assistance for modernization of school facilities accepted by the school district board of directors after January 1, 1993, shall be limited according to the following conditions:

(1) A school facility shall be ineligible for state assistance if the total expenditures for maintenance of plant and equipment for that facility during the fifteen-year period immediately preceding the project application was below one-half of one percent of the total of the annually determined building replacement values during the same period;

(2) The allowable cost per square foot used to determine the amount of state assistance in any modernization project where the total expenditures for maintenance of plant and equipment for that facility during the fifteen-year period immediately preceding the project application was at least one-half but less than two percent of the total of the annually determined building replacement values during the same period shall be reduced as follows:

(a) The allowable cost per square foot shall be reduced by twenty-two and one-half percent where the above expenditure is at least one-half but less than one percent;

(b) The allowable cost per square foot shall be reduced by fifteen percent where the above expenditure is at least one but less than one and one-half percent;

(c) The allowable cost per square foot shall be reduced by seven and one-half percent where the above expenditure is at least one and one-half but less than two percent;

(3) No reduction in the allowable cost per square foot shall be applied to any modernization project where the total expenditures for maintenance of plant and equipment for that facility during the fifteen-year period immediately preceding the project application was two percent, or greater, of the total of the annually determined building replacement values during the same period;

(4) A district shall not be allowed to replace a school facility through new construction in lieu of modernization under WAC ((180-33-042)) 392-347-042 where the total expenditures for maintenance of plant and equipment for that facility during the fifteen-year period immediately preceding the project application was below two percent of the total of the annually determined building replacement values during the same period.

(5) For the purpose of this section "maintenance of plant and equipment" shall be general fund expenditures charged to maintenance and operations activities 61-supervision and 64-maintenance and capital projects fund expenditures charged to type code 22-remodeling and 42-capital improvements as defined in the Accounting Manual for Public School Districts.

[Statutory Authority: RCW 28A.525.020. 01-09-012, 180-33-023, filed 4/6/01, effective 5/7/01; 91-12-058, 180-33-023, filed 6/5/91, effective 7/6/91.]


AMENDATORY SECTION(Amending WSR 05-19-109, filed 9/20/05, effective 10/21/05)

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)) 392-347-015 (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)) 392-343-045. 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.

(2) The changes to this section shall take effect January 1, 2006: Provided, That those districts having authorized bond issues and/or excess tax levies for their building funds for specific school construction projects as identified in ballot propositions on or before July 1, 2006, may, when requesting ((state board of education)) the superintendent of public instruction consideration of state assistance for such projects, determine, in computing the amount of eligible space for modernization, the state will match the entire facility of three quarters of the overall square footage of the school districts' facilities is eligible for state financial assistance: Provided further, That the provision shall not be applicable to new construction in lieu of modernization facility projects authorized by this chapter.

[Statutory Authority: RCW 28A.525.020. 05-19-109, 180-33-025, filed 9/20/05, effective 10/21/05; 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.]


AMENDATORY SECTION(Amending WSR 90-17-009, filed 8/6/90, effective 9/6/90)

WAC 180-33-030   Certification of continued use.   Any school facilities modernized under WAC ((180-33-015)) 392-347-015 must be used for at least five years beyond the completion of modernization. School directors will pass a resolution and submit it to the ((state board of education)) superintendent of public instruction that the modernized facility will be used for instructional purposes for five years after the completion of the project. If the school facility is not used for instructional purposes during this five-year period, the amount of state money allocated and spent for the modernization project must be returned to the state school building construction fund. The five-year use requirement and the five year prohibition against additional modernization funding shall be waived in the event that a facility is rendered permanently unusable before the end of the five-year period by an unforeseen natural event. The definition of "unforeseen natural event" shall be as set forth in RCW 28A.150.290.

[Statutory Authority: 1990 c 33. 90-17-009, 180-33-030, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 85-24-049 (Order 26-85), 180-33-030, filed 11/27/85; 83-21-071 (Order 16-83), 180-33-030, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), 180-33-030, filed 12/1/81.]


AMENDATORY SECTION(Amending WSR 05-19-110, filed 9/20/05, effective 10/21/05)

WAC 180-33-035   Minimum project -- Forty percent of replacement costs.   (1) State assistance in modernization of school facilities shall be limited to projects which may include an entire facility or one or more complete buildings within a facility for which the estimated cost of major structural change is not less than forty percent of the estimated cost of replacement. The estimated cost of major structural change shall not include the estimated capital costs associated with restoring building systems or subsystems due to deterioration as determined in the study and survey to be caused by deferred maintenance. The estimated cost of replacement shall be derived from multiplication of the total square foot area of the facility or facilities proposed for modernization by the area cost allowance for the fiscal year funded as in WAC ((180-27-045)) 392-343-045 set forth.

(2) The ((state board of education)) superintendent of public instruction may grant a waiver from subsection (1) of this section in the event of an unanticipated increase in the area cost allowance that might cause prior approved projects expecting state assistance to become disqualified for such assistance.

[Statutory Authority: RCW 28A.525.020. 05-19-110, 180-33-035, filed 9/20/05, effective 10/21/05. Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, 180-33-035, filed 9/14/01, effective 10/15/01. Statutory Authority: [RCW 28A.525.020.] 91-12-058, 180-33-035, filed 6/5/91, effective 7/6/91. Statutory Authority: RCW 28A.47.830. 85-24-049 (Order 26-85), 180-33-035, filed 11/27/85; 83-21-071 (Order 16-83), 180-33-035, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), 180-33-035, filed 12/1/81.]


AMENDATORY SECTION(Amending WSR 05-19-111, filed 9/20/05, effective 10/21/05)

WAC 180-33-040   Maximum costs eligible for state matching purposes -- One hundred percent of replacement cost.   State assistance for modernization projects shall not exceed one hundred percent of the cost of new construction of a comparable school facility based on the prevailing level of state support as defined in chapter ((180-27)) 392-343 WAC. Costs exceeding one hundred percent shall be paid by the local district.

[Statutory Authority: RCW 28A.525.020. 05-19-111, 180-33-040, filed 9/20/05, effective 10/21/05; 98-19-138, 180-33-040, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-071 (Order 16-83), 180-33-040, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), 180-33-040, filed 12/1/81.]


AMENDATORY SECTION(Amending WSR 01-14-019, filed 6/26/01, effective 7/27/01)

WAC 180-33-042   Replacement option.   A district with space eligible for modernization pursuant to WAC ((180-33-015)) 392-347-015 and ((180-33-025)) 392-347-025 may elect to replace such space through new construction in lieu of modernization. In such case, the district shall apply for a new school facility in accordance with applicable rules and regulations pertaining to new school plant facilities and the local board shall certify that after the new construction is finally completed:

(1) The existing building or space to be replaced will not be used for district instructional purposes; and

(2) The existing building or space will be ineligible for any future state financial assistance.

Further, if the existing building or space is subsequently returned by the district to instructional purposes in whole or in part, the district shall become ineligible for any state construction financial assistance for a period of ten years from the date that the ((executive director or the chief executive officer of the state board notifies the board during the course of an open public meeting or)) superintendent of public instruction sends written notice to members of the local board ((of)) recognizing the return of the building in whole or in part to instructional purposes. Districts exercising this election shall be limited in state assistance to the provision of WAC ((180-33-040)) 392-347-040. In the event the district elects to replace a facility and construct a new facility with more space than the facility being replaced, the additional space, in order to be eligible for state assistance shall meet the eligibility requirements for new construction or the new construction component requirement of WAC ((180-33-015)) 392-347-015 (1)(c): Provided, That no new construction in lieu of modernization project may qualify for additional state assistance pursuant to WAC ((180-27-115)) 392-343-115 unless the facility being replaced would have qualified pursuant to such section for additional state assistance as a modernization project.

(3) The ((state board of education)) superintendent of public instruction may waive the provisions of this section for a period it determines is appropriate to the particular situation. A waiver request must be submitted in writing to the superintendent of public instruction. The superintendent of public instruction shall review the waiver request and ((make a written recommendation to the state board of education to)) approve or deny the request. The waiver request shall include, but not be limited to, the following information:

(a) Description of the district's planning process;

(b) Rationale why the need for the waiver request was not anticipated;

(c) The requested length of time of the waiver;

(d) The availability of funding for proposed projects;

(e) List of specific projects and timelines;

(f) List of the specific student groups that will use the facility;

(g) Rationale why this is the best use of facilities and public funds;

(h) Assurance that the facility meets health and safety standards for occupancy.

[Statutory Authority: RCW 28A.525.020. 01-14-019, 180-33-042, filed 6/26/01, effective 7/27/01; 98-19-138, 180-33-042, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1993 sp.s. c 22 708(5). 93-20-066, 180-33-042, filed 10/1/93, effective 11/1/93. Statutory Authority: RCW 28A.47.830. 85-09-060 (Order 8-85), 180-33-042, filed 4/17/85.]


AMENDATORY SECTION(Amending Order 16-83, filed 10/17/83)

WAC 180-33-045   Architect and engineering services.   In the allocation of state funds for an approved modernization project, architectural and engineering services eligible for state matching purposes shall not exceed one and one-half times the architectural and engineering services as in chapter ((180-27)) 392-343 WAC set forth.

[Statutory Authority: RCW 28A.47.830. 83-21-071 (Order 16-83), 180-33-045, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), 180-33-045, filed 12/1/81.]


AMENDATORY SECTION(Amending Order 16-83, filed 10/17/83)

WAC 180-33-050   Study and survey of school district as prerequisite.   A survey of facilities proposed for modernization conducted under the direction of the superintendent of public instruction as per chapter ((180-25)) 392-341 WAC shall be a prerequisite for consideration of an application for state participation in financing of a modernization project.

[Statutory Authority: RCW 28A.47.830. 83-21-071 (Order 16-83), 180-33-050, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), 180-33-050, filed 12/1/81.]


AMENDATORY SECTION(Amending Order 16-83, filed 10/17/83)

WAC 180-33-055   Regulations governing.   In addition to the regulations hereinbefore in chapter ((180-33)) 392-347 WAC prescribed; all regulations governing the basic assistance program prescribed in chapters ((180-25, 180-26, 180-27, and 180-29)) 392-341, 392-342, 392-343, and 392-344 WAC shall govern administration of state participation in financing modernization of school facilities: Provided, That compliance with those regulations not pertinent to modernization projects as determined by the superintendent of public instruction shall not be required.

[Statutory Authority: RCW 28A.47.830. 83-21-071 (Order 16-83), 180-33-055, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), 180-33-055, filed 12/1/81.]


AMENDATORY SECTION(Amending Order 16-83, filed 10/17/83)

WAC 180-33-060   Procedural requirements.   The superintendent of public instruction shall determine procedures and forms for the administration of state participation in financing modernization of school facilities, such procedures and forms to be in addition to or in lieu of procedural requirements prescribed in chapter ((180-29)) 392-344 WAC.

[Statutory Authority: RCW 28A.47.830. 83-21-071 (Order 16-83), 180-33-060, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), 180-33-060, filed 12/1/81.]


NEW SECTION


The following chapter of the Washington Administrative Code is decodified as follows:


Old WAC Number New WAC Number
WAC 180-33-005 WAC 392-347-005
WAC 180-33-007 WAC 392-347-007
WAC 180-33-010 WAC 392-347-010
WAC 180-33-012 WAC 392-347-012
WAC 180-33-013 WAC 392-347-013
WAC 180-33-015 WAC 392-347-015
WAC 180-33-020 WAC 392-347-020
WAC 180-33-023 WAC 392-347-023
WAC 180-33-025 WAC 392-347-025
WAC 180-33-030 WAC 392-347-030
WAC 180-33-035 WAC 392-347-035
WAC 180-33-040 WAC 392-347-040
WAC 180-33-042 WAC 392-347-042
WAC 180-33-045 WAC 392-347-045
WAC 180-33-050 WAC 392-347-050
WAC 180-33-055 WAC 392-347-055
WAC 180-33-060 WAC 392-347-060

Washington State Code Reviser's Office