WSR 08-09-024

PERMANENT RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed April 8, 2008, 11:39 a.m. , effective May 9, 2008 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: 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.

Citation of Existing Rules Affected by this Order: Amending WAC 392-347-023.

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

Adopted under notice filed as WSR 08-04-085 on February 5, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: April 8, 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.]

Washington State Code Reviser's Office