WSR 98-01-192

PROPOSED RULES

STATE BOARD OF EDUCATION

[Filed December 23, 1997, 4:30 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-09-116.

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

Purpose: Space allowance and enrollment projection provision for state matching purposes.

Statutory Authority for Adoption: RCW 28A.525.0 [28A.525.020].

Summary: To eliminate nonapplicable WAC 180-33-025(3) referencing vocational-technical institutes and amend WAC 180-33-025(2) to eliminate interpretive conflicts in determining space eligibility for modernization projects.

Reasons Supporting Proposal: State financial assistance is no longer provided for vocational-technical institutes; therefore the need for project approval no longer applies. WAC 180-33-025(2) conflicts with administrative procedures and the calculation of cohort survival which is based on an entire district.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, (360) 753-6715.

Name of Proponent: State Board of Education.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The rule establishes the requirements for determining eligibility for modernization projects. This change will eliminate the requirement for vocational-technical institutes to have enrollment data reviewed by the Superintendent of Public Instruction as the state no longer provides financial assistance for vocational-technical institutes through these rules. The change will also allow eligibility for modernization of a district's facilities to be based on eligibility calculated on the entire district's facilities as opposed to a single facility.

Proposal changes the following existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Not applicable.

Hearing Location: Educational Service District 113, 601 McPhee Road S.W., Olympia, WA 98502, on January 28, 1998, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Patty Martin by January 14, 1998, TDD (360) 664-3631, or (360) 753-6715.

Submit Written Comments to: Rules Coordinator, State Board of Education, P.O. Box 47206, Olympia, WA 98504-7206, FAX (360) 586-2357, by January 26, 1998.

Date of Intended Adoption: January 29, 1998.

December 22, 1997

Larry Davis

Executive Director

AMENDATORY SECTION (Amending WSR 94-13-020, filed 6/3/94, effective 7/4/94)

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 ((facility)) school district's facilities is eligible for state financial assistance. If less than 3/4 of the overall square footage of the ((facility)) 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 determining the eligible space for modernizing vocational-technical institutes, enrollment data furnished by the school district will be reviewed by the superintendent of public instruction or his or her designee.

(4))) 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.