WSR 05-19-109

PERMANENT RULES

STATE BOARD OF EDUCATION


[ Filed September 20, 2005, 1:55 p.m. , effective October 21, 2005 ]


Purpose: The changes will phase out the 75% rule exception for school construction funding.

Citation of Existing Rules Affected by this Order: Amending WAC 180-33-025.

Statutory Authority for Adoption: RCW 28A.525.020.

Adopted under notice filed as WSR 05-15-059 on July 12, 2005.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 26, 2005.

Larry Davis

Executive Director

OTS-8176.2


AMENDATORY SECTION(Amending WSR 98-09-052, filed 4/16/98, effective 5/17/98)

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 school district's facilities is eligible for state financial assistance. If less than 3/4 of the overall square footage of the 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 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.)) The changes to this section shall take effect January 1, 2006: Provided, That those districts having authorized bond issues and/or excess tax levies for their building funds for specific school construction projects as identified in ballot propositions on or before July 1, 2006, may, when requesting state board of education consideration of state assistance for such projects, determine, in computing the amount of eligible space for modernization, the state will match the entire facility of three quarters of the overall square footage of the school districts' facilities is eligible for state financial assistance: Provided further, That the provision shall not be applicable to new construction in lieu of modernization facility projects authorized by this chapter.

[Statutory Authority: RCW 28A.525.020. 98-09-052, 180-33-025, filed 4/16/98, effective 5/17/98. Statutory Authority: RCW 28A.525.020 and 1992 c 233 28 (8)(e). 94-13-020, 180-33-025, filed 6/3/94, effective 7/4/94. Statutory Authority: RCW 28A.47.830. 85-24-049 (Order 26-85), 180-33-025, filed 11/27/85; 83-21-071 (Order 16-83), 180-33-025, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), 180-33-025, filed 12/1/81.]

Washington State Code Reviser's Office