WSR 05-15-020

EMERGENCY RULES

STATE BOARD OF EDUCATION


[ Filed July 7, 2005, 2:19 p.m. , effective July 7, 2005 ]


Purpose: The purpose of the changes is to align the rule with legislation passed during the 2005 legislative session.

Citation of Existing Rules Affected by this Order: Amending WAC 180-27-035 Space allocations.

Statutory Authority for Adoption: RCW 28A.525.020.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The new space allocations have an immediate effect on the funds being released for school construction.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: June 17, 2005.

Larry Davis

Executive Director

OTS-8195.1


AMENDATORY SECTION(Amending WSR 01-19-044, filed 9/14/01, effective 10/15/01)

WAC 180-27-035   Space allocations.   (1) State assistance in the construction of school facilities for grades kindergarten through twelve and classrooms planned for the exclusive use of students with disabilities shall be based on a space allowance per enrolled student and for state matching purposes shall be computed in accordance with the following table:


Through June 30, 2006 Beginning July 1, 2006
Grade or Area Maximum

Matchable Area

Per Student

Maximum

Matchable Area

Per Student

Grades kindergarten through six 80 square feet 90 square feet
Grades seven and eight 110 square feet 117 square feet
Grades nine through twelve 120 square feet 130 square feet
Classrooms for students with disabilities 140 square feet 144 square feet

For purposes of this subsection, students with disabilities shall be counted as one student for each such student assigned to a specially designated self-contained classroom for students with disabilities for at least one hundred minutes per school day, calculated on actual headcount enrollment submitted to the superintendent of public instruction.

(2) State assistance for construction of vocational skill centers shall be based on one-half of students enrolled on October 1 and computed as follows:


Type of Facility Maximum Matchable Area

Per One-Half

Enrolled Student

Skill Centers 140 square feet

(3) Space allowance for state matching purposes for districts with senior or four-year high schools with fewer than four hundred students shall be computed in accordance with the following formula:


Number of Headcount

Student-Grades 9-12

Maximum

Matchable Area

Per Facility

0-100 37,000 square feet
101-200 42,000 square feet
201-300 48,000 square feet
301-or more 52,000 square feet

[Statutory Authority: RCW 28A.525.020. 01-19-044, 180-27-035, filed 9/14/01, effective 10/15/01; 98-19-143, 180-27-035, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 84-11-047 (Order 6-84), 180-27-035, filed 5/17/84; 83-21-066 (Order 11-83), 180-27-035, filed 10/17/83.]

Washington State Code Reviser's Office