WSR 08-04-085

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed February 5, 2008, 11:46 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-01-051.

Title of Rule and Other Identifying Information: WAC 392-347-023 State assistance in post 1992 facilities.

Hearing Location(s): Office of Superintendent of Public Instruction, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, on March 17, 2008, at 9:00 a.m.

Date of Intended Adoption: March 18, 2008.

Submit Written Comments to: Scott Black, Office of Superintendent of Public Instruction, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, by March 16, 2008.

Assistance for Persons with Disabilities: Contact Penny Coker by March 16, 2008, TTY (360) 725-6130.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amend WAC 392-347-023 to delay the start of the required fifteen year demonstration period of 2% maintenance spending of all school districts seeking state funding for modernization of post 1992 buildings. The demonstration period would be delayed from January 2008 until January 2009.

Reasons Supporting Proposal: There are ongoing discussions regarding the overall procedures for funding school facilities. The groups looking at the issue are: Legislative task force on school financing, technical advisory panel (TAC) and the superintendent of public instruction nonemployee related costs committee (NERC). The change is needed to allow the delay in the reporting period until final decisions regarding the subject can be made.

Statutory Authority for Adoption: RCW 28A.525.020 Duties of the superintendent of public instruction.

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

Name of Proponent: , governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Scott Black, P.O. Box 47200, Olympia, WA 98504-7200, (360) 725-6268; and Enforcement: Gordon Beck, P.O. Box 47200, Olympia, WA 98504-7200, (360) 725-6261.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required pursuant to RCW 19.85.030 (1)(a). The proposed rule making does not impose any costs on school districts.

A cost-benefit analysis is not required under RCW 34.05.328.

February 5, 2008

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-1316.1


AMENDATORY SECTION(Amending WSR 06-16-031, filed 7/25/06, effective 8/25/06)

WAC 392-347-023   State assistance in post ((1992)) 1993 facilities.   State assistance for modernization of school facilities accepted by the school district board of directors after January 1, ((1993)) 1994, 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 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. 06-16-031, amended and recodified as 392-347-023, filed 7/25/06, effective 8/25/06; 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.]

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