WSR 98-19-140
PERMANENT RULES
STATE BOARD OF EDUCATION
[Filed September 23, 1998, 11:39 a.m.]
Date of Adoption: August 20, 1998.
Purpose: To do one or more of the following as deemed appropriate: Make technical adjustments, clarify existing provisions, repeal unnecessary wording, repeal provisions unsupported by rule-making authority, or provide greater flexibility or discretion to persons or entities subject to the rules.
Citation of Existing Rules Affected by this Order: Repealing WAC 180-26-030 and 180-26-058; and amending WAC 180-26-005, 180-26-015, 180-26-020, 180-26-040, and 180-26-057.
Statutory Authority for Adoption: RCW 28A.525.020.
Adopted under notice filed as WSR 98-14-146 on July 1, 1998.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 5, repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 5, repealed 2.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 5, repealed 2.
Effective Date of Rule: Thirty-one days after filing.
August 20, 1998
Larry Davis
Executive Director
OTS-2298.2
AMENDATORY SECTION (Amending WSR 90-17-009, filed 8/6/90, effective 9/6/90)
WAC 180-26-005 Authority. This chapter is adopted pursuant
to RCW ((28A.525.200)) 28A.525.020 relating to authority of the
state board of education to prescribe rules and regulations
governing the administration, control, terms, conditions, and
disbursements of allocations 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: 1990 c 33. 90-17-009, § 180-26-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-065 (Order 10-83), § 180-26-005, filed 10/17/83.]
AMENDATORY SECTION (Amending Order 10-83, filed 10/17/83)
WAC 180-26-015 Educational specifications. (((1))) Prior
to commencing the design phase, the school district shall ((cause
to be prepared)) prepare educational specifications for the
approved project. The educational specifications shall describe
the educational activities that the proposed school facilities
and grounds should support and the types of spaces and their
relationships in order to accommodate program requirements.
(((2) One copy of the educational specifications document,
approved by the district board of directors, shall be submitted
to the superintendent of public instruction for review and
comment. The review by the superintendent of public instruction
shall be based on the components of educational specifications
published by the superintendent of public instruction in the
School Facilities Development Procedures Manual. The comments of
the superintendent of public instruction shall be transmitted to
the district board of directors for its review. The board of
directors shall give consideration to the comments of the
superintendent of public instruction but shall not be bound to
adopt any of the recommendations or make any modification of its
adopted educational specifications.
(3))) This section shall not be applicable to the
construction of interdistrict transportation cooperatives or the
additions to existing facilities of less than fifteen thousand
square feet, unless combined with modernization.
[Statutory Authority: RCW 28A.47.830. 83-21-065 (Order 10-83), § 180-26-015, filed 10/17/83.]
AMENDATORY SECTION (Amending WSR 94-01-014, filed 12/3/93, effective 1/3/94)
WAC 180-26-020 Site ((conditions--Acceptance criteria))
review and evaluation. The superintendent of public instruction
together with the school district shall conduct ((an on-site)) a
review and evaluation of ((a proposed site in the case of new
construction and an existing site in the case of modernization.
The superintendent of public instruction shall accept a site that
meets the following conditions)) sites for new and existing state
assisted projects. In selecting sites for schools, a district
shall consider the following:
(1) The ((school district provides certification by legal
counsel retained by the district that the)) property upon which
the school facility is or will be located is free of all
encumbrances that would detrimentally interfere with the
construction, operation, and useful life of the ((school))
facility;
(2) The site is of sufficient size to meet the needs of the
facility. The minimum acreage of the site ((shall)) should be
five usable acres and one additional usable acre for each one
hundred students or portion thereof of projected maximum
enrollment plus an additional five usable acres if the school
contains any grade above grade six. ((In computing the minimum
acreage of the site, the district may include public property in
close proximity to the site if, as a matter of public policy the
property is available for school purposes and the district is
committed to using such facilities: Provided, That for sites
having seventy percent or more but less than one-hundred percent
of the usable acreage as required above, the superintendent of
public instruction may grant a site size waiver when, as part of
the on-site review and evaluation process, the district provides
a mitigation plan and demonstrates that the requirements of (a)
through (d) of this subsection have been met: Provided
further,That)) A district considering the use of a site
((consisting of)) that is less than the recommended minimum
usable acreage ((calculated as per the provisions of this
subsection shall be approved by the state board of education if
the district demonstrates the following)) should assure that:
(a) The health and safety of the students ((are)) will not
be in jeopardy;
(b) The internal spaces within the proposed facility ((are))
will be adequate for the proposed educational program;
(c) The neighborhood in which the school facility is or will
be situated ((is)) will not be detrimentally impacted by lack of
parking for students, employees, and the public; and
(d) The physical education and recreational program((s on
the school site are compatible with less than the minimum
prescribed acreage)) requirements will be met.
(3) ((That the school district has contacted the)) A site
review or predesign conference has been conducted with all
appropriate local ((building authorities and requested a
predesign conference)) code agencies in order to determine design
constraints;
(4) ((The school district has retained the services of)) A
geotechnical engineer ((for the purpose of conducting)) has
conducted a limited subsurface investigation to gather basic
information regarding potential foundation and subgrade
performance ((and a report has been reviewed by the school
district board of directors;
(5) The site has been approved by the following agencies:
(a) The health agency having jurisdiction;
(b) The local planning commission or authority having
jurisdiction; and
(c) The state department of ecology or the local agency
having jurisdiction for environmental approvals)).
[Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24 (8)(e). 94-01-014, § 180-26-020, filed 12/3/93, effective 1/3/94; 93-07-104, § 180-26-020, filed 3/23/93, effective 4/23/93. Statutory Authority: RCW 28A.525.020 and 28A.525.164. 91-12-057, § 180-26-020, filed 6/5/91, effective 7/6/91. Statutory Authority: RCW 28A.47.830. 83-21-065 (Order 10-83), § 180-26-020, filed 10/17/83.]
AMENDATORY SECTION (Amending Order 24-85, filed 11/27/85)
WAC 180-26-040 District authority to proceed. Upon
completion of the educational specifications review and comment
and the site ((approval)) review by the superintendent of public
instruction as provided for in WAC 180-26-020 ((or state board of
education as provided for in WAC 180-26-030)), the school
district is authorized to proceed as follows:
(1) Commence with the design of the school facility in accordance with the district's educational specifications.
(2) Complete the energy conservation report pursuant to WAC 180-27-075.
(3) Complete a value engineering study pursuant to WAC 180-27-080.
[Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-26-040, filed 11/27/85; 83-21-065 (Order 10-83), § 180-26-040, filed 10/17/83.]
AMENDATORY SECTION (Amending WSR 91-20-151, filed 10/2/91, effective 11/2/91)
WAC 180-26-057 State board of education project commitment
at preliminary funded status. ((Except as provided at WAC 180-26-058)) When preliminary funding status for a project is
requested and granted pursuant to WAC 180-26-050, the state board
of education commitment is limited to the eligibility of the
project for state assistance, the eligible square footage, the
maximum area cost allowance and the priority standing of the
project as determined pursuant to the state building assistance
rules in effect at ((the)) that time ((such preliminary funding
status is granted)). This commitment is effective only for the
initial one-year period set forth at WAC 180-26-060. The state
board of education ((otherwise)) reserves the right to amend
and/or repeal any rule(s) respecting state assistance in school
building construction. Such rule changes may be made regardless
of the ((negative and/or positive)) impact ((of such changes))
upon the eligibility of any project and/or the extent of
eligibility of any project for state assistance.
[Statutory Authority: RCW 28A.525.020 and 1991 c 14. 91-20-151, § 180-26-057, filed 10/2/91, effective 11/2/91. Statutory Authority: RCW 28A.525.020. 90-24-068, § 180-26-057, filed 12/5/90, effective 1/5/91. Statutory Authority: RCW 28A.47.830. 86-04-065 (Order 1-86), § 180-26-057, filed 2/4/86.]
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 180-26-030 Site nonacceptance by superintendent of public instruction--Appeal to state board of education.
WAC 180-26-058 Suspension of state building assistance commitments pending adoption of new priority system for allocating state assistance.