WSR 08-01-129

EXPEDITED RULES

PARKS AND RECREATION

COMMISSION

[ Filed December 19, 2007, 9:51 a.m. ]

Title of Rule and Other Identifying Information: Chapter 352-80 WAC, No child left inside, rules to implement a new grant program authorized by RCW 79A.05.351.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Frank A. Galloway, Washington State Parks and Recreation Commission, P.O. Box 42650, 7150 Cleanwater Drive S.W., Olympia, WA 98504-2650 , AND RECEIVED BY February 19, 2008.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed rules is to provide the mechanism by which state parks will evaluate proposals, distribute funds and review for compliance grants and contracts issued from the education and recreation account held by the Washington state treasurer.

There are currently no rules in effect that will provide for the distribution of these funds.

Reasons Supporting Proposal: These rules have been composed and reviewed by an advisory committee composed of twenty three citizen volunteers with an interest and background in outdoor education and recreation, as well as agency staff.

Statutory Authority for Adoption: RCW 79A.05.030 and 79A.05.070.

Statute Being Implemented: RCW 79A.05.351.

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

Name of Proponent: Washington state parks and recreation commission, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Frank Galloway, 7150 Cleanwater Avenue S.W., Tumwater, WA, (360) 586-6602.

December 18, 2007

Jim French

Administrator of Statewide

Recreation Programs

OTS-1263.2

Chapter 352-80 WAC

NO CHILD LEFT INSIDE


NEW SECTION
WAC 352-80-010   Purpose and authority.   The purpose of the outdoor education and recreation grant program is to provide funds for outdoor environmental, ecological, agricultural, or other natural resource based education and recreation programs serving youth. The purpose of this chapter is to establish administrative procedures and set forth eligibility criteria and funding requirements by which the Washington state parks and recreation commission will award outdoor education and recreation grant funds and set conditions related to the use of grant funds. This grant program is governed by this chapter and by RCW 79A.05.351.

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NEW SECTION
WAC 352-80-020   Definitions.   (1) "Outdoor education and recreation" means an approach to education and recreation via connectivity and direct experiences in the outdoors; to teach, inspire wonder and creativity while learning from our natural resources and recreational experiences in conjunction with what students are taught in traditional classroom settings.

(2) "Commission" means the Washington state parks and recreation commission.

(3) "Director" means the director of the Washington state parks and recreation commission or the director's designee.

(4) "Education" means to improve students' overall academic performance, life skills, self-esteem, personal responsibility, community involvement, personal health and understanding of nature.

(5) "Recreation" means experiences that take place within natural outdoor environments which foster well-being through a sense of place and interdependence within the natural world.

(6) "State parks" means the operating arm of the Washington state parks and recreation commission, that is responsible for implementation of commission programs established pursuant to statute or policy.

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NEW SECTION
WAC 352-80-030   Eligibility.   Public agencies, private nonprofit organizations, formal school programs, informal after school programs, and community based programs within Washington state are eligible to apply for grants under this chapter. Programs that provide outdoor education opportunities to schools must be fully aligned with the state's essential academic learning requirements.

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NEW SECTION
WAC 352-80-040   Eligible program activities.   The director will select activities eligible for funding. Some of these might include, but are no limited to, the following types of activities:

(1) Outdoor recreation;

(2) Outdoor environmental studies;

(3) Agricultural;

(4) Natural resource based;

(5) Conservation;

(6) Ecological;

(7) Stewardship or restoration.

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NEW SECTION
WAC 352-80-050   Ineligible program activities.   The following activities are ineligible:

(1) Activities that may be perceived to lobby or advocate for political purposes.

(2) Activities that are not in compliance with local, state and federal laws.

(3) Organized youth sports such as a community league or school team.

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NEW SECTION
WAC 352-80-060   Limitations on the availability and use of funds.   (1) The director may establish limitations on the availability and use of program funds. Any limitations shall be defined in the current application package. The director shall establish such limitations only after considering the following:

(a) Consistency with the legislative intent of RCW 79A.05.351;

(b) Availability of funds.

(2) The director may determine that applicants be required to make a matching contribution to be eligible for funding.

(3) The director may limit the amount of funding available for any element(s) of a program.

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NEW SECTION
WAC 352-80-070   Applying for funding.   In order to be considered for receipt of a grant under this chapter, an eligible applicant must complete and submit an application form provided by state parks that follows the instructions provided in the form.

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NEW SECTION
WAC 352-80-080   Evaluation criteria.   The following criteria are used to evaluate applications:

(1) Proposals that provide for public/private partnerships;

(2) Proposals that provide for innovative ways to increase the availability and use of outdoor recreation facilities;

(3) Proposals which show consideration for the economics of installation or implementation to provide greatest cost benefit ratio, for example, where private parties contribute more than the minimum amount;

(4) Proposals which contribute to the statewide network of facilities or programs;

(5) Proposals which demonstrate their compatibility with the legislative intent of RCW 79A.05.351;

(6) Programs that contribute to the reduction of academic failure and drop out rates;

(7) Programs that make use of research-based, effective environmental, ecological, agricultural, or other natural resource-based educational curriculum;

(8) Proposals which encourage sound environmental practices through changing education or recreational behavior;

(9) Proposals which target geographic areas as defined in RCW 79A.05.351;

(10) Proposals which encourage community involvement;

(11) Proposals which demonstrate innovative approaches to education or information;

(12) Programs that will commit matching and in-kind resources;

(13) Proposals that contribute to healthy lifestyles through outdoor recreation and sound nutrition;

(14) Proposals that use state park and other natural resource venues and personnel as a resource;

(15) Proposals that maximize the number of participants that can be served;

(16) Proposals that provide an opportunity to experience the out-of-doors directly and understand nature and the natural world; and

(17) Proposals that include ongoing program evaluation, assessment and reporting of their effectiveness.

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NEW SECTION
WAC 352-80-090   Program selection.   (1) Completed applications will be reviewed by state parks staff to determine eligibility and will be evaluated in accordance with the purposes, eligibility requirements, limitations, and evaluation criteria in this chapter.

(2) Staff will consult with and consider the recommendations of the advisory committee and will present final recommendations to the director.

(3) The director will make the final decision on funding a project.

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NEW SECTION
WAC 352-80-100   Use of funds.   The following conditions apply to the use of the funds:

(1) Project contract. For every funded project, a contract must be executed on behalf of the commission and by the funding recipient. Generally, the funding recipient will not be reimbursed for costs incurred prior to the execution of the contract by both parties at the sole discretion of state parks.

(2) Technical standards. The funding recipient for grants under this chapter shall ensure that all programs are in accordance with the technical standards provided by state parks.

(3) Reporting requirements. The funding recipient shall submit the reports required by state parks as directed in the funding contract.

(4) Compliance with state and federal laws, regulations, and policies. In accepting project funding, the funding recipient agrees to and certifies compliance with all applicable federal and state laws, regulations and policies.

(5) Accountability. Funding recipients will maintain accurate accounting records on the expenditure of project funds, provide state parks with these records consistent with the agreement or upon request, and will permit state parks to audit the use of funds in accordance with generally accepted audit practices and standards. State parks reserves the right to terminate its participation in any project which fails to perform according to the requirements of this chapter.

(6) Program evaluation should include participants, family members and teachers who can comment on academic grades or increased interest of the participant to remain in or return to school.

(7) Fees charged. Fees for program services may be assessed for program participants with the approval of state parks.

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Washington State Code Reviser's Office