Effective Date of Rule: Thirty-one days after filing.

     Purpose: Adopts more accurate and descriptive names for the components of the state funding formula for the allotment of appropriations for school plant facilities. The legislation is based on recommendations made by the joint legislative task force on school construction funding, to promote clarity and transparency in the funding formula.

     Citation of Existing Rules Affected by this Order: Amending chapters 392-341, 392-342, 392-343, 392-344, and 392-347 WAC.

     Statutory Authority for Adoption: RCW 28A.525.020.

      Adopted under notice filed as WSR 10-01-135 on December 21, 2009.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 167, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: March 24, 2010.

Randy Dorn

Superintendent of

Public Instruction

OTS-2868.1

AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-341-005   Authority.   This chapter is adopted pursuant to RCW 28A.525.020 which authorizes the superintendent of public instruction to prescribe rules and regulations governing the administration, control, terms, conditions, and disbursements of ((moneys)) state funding assistance 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 funding assistance for school facilities are RCW 28A.525.030, 28A.525.040, 28A.525.050, 28A.525.162 through 28A.525.178.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-341-005, filed 7/25/06, effective 8/25/06; 98-19-139, § 180-25-005, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990 c 33. 90-17-009, § 180-25-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-064 (Order 9-83), § 180-25-005, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-341-010, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-25-010, filed 11/27/85; 83-21-064 (Order 9-83), § 180-25-010, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-341-020, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-064 (Order 9-83), § 180-25-020, filed 10/17/83.]

     (1) An inventory and area analysis of existing school facilities within the district, a description of the types and kinds of systems and subsystems used in those facilities and their physical condition;

     (2) A long-range (i.e., minimum of six years) educational and facilities plan setting forth the projected facility needs and priorities of the district based on the educational plan;

     (3) Demographic data including population projections and projected economic growth and development;

     (4) The ability of such district to provide capital funds by local effort;

     (5) The existence of a school housing emergency;

     (6) The need to improve racial balance and/or to avoid creation or aggravation of racial imbalance;

     (7) The type and extent of new and/or additions to existing school facilities required and the urgency of need for such facilities;

     (8) A cost/benefit analysis on the need to modernize and/or replace existing school facilities in order to meet current educational needs and the current state building code;

     (9) The need and the estimated capital cost to restore, to design specifications, the major systems and subsystems in the facilities that have deteriorated due to deferred maintenance.

     (10) A determination of the district's time line for completion of the school facilities project;

     (11) An inventory of accessible unused or underutilized school facilities in neighboring school districts and the physical condition of such school facilities;

     (12) The need for adjustments of school attendance areas among or within such districts; and

     (13) Such other matters as the superintendent of public instruction deems pertinent to decision making in the allocation of funds for school facilities. Cooperation by the applicant school district in conducting the study and survey is a requisite for the superintendent of public instruction to complete the study and survey and to establish the eligibility of the district for state funding assistance in school facility construction.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-341-025, filed 7/25/06, effective 8/25/06; 98-19-139, § 180-25-025, filed 9/23/98, effective 10/24/98. Statutory Authority: [RCW 28A.525.020.] 91-12-058, § 180-25-025, filed 6/5/91, effective 7/6/91. Statutory Authority: RCW 28A.47.803, 28A.47.060, 28A.47.802 and 28A.47.105. 90-04-031, § 180-25-025, filed 1/30/90, effective 3/2/90. Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-25-025, filed 11/27/85; 83-21-064 (Order 9-83), § 180-25-025, filed 10/17/83.]

Headcount Enrollment Categories

Enrollment of 1 to 500—Minimum state planning grant plus square footage allocation

Enrollment of 501 to 3,000—Minimum state planning grant plus square footage allocation

Enrollment of 3,001 to 10,000—Minimum state planning grant plus square footage allocation

Enrollment of above 10,000—Minimum state planning grant plus square footage allocation

     The dollar amount for the minimum grants and the square footage allocations for these categories shall be established annually by the superintendent of public instruction.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-341-030, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). 92-16-058, § 180-25-030, filed 8/3/92, effective 9/3/92. Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-25-030, filed 11/27/85; 83-21-064 (Order 9-83), § 180-25-030, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-341-037, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-25-037, filed 11/27/85.]

     (1) Deny approval of state funding assistance for the construction and/or modernization of school facilities; or

     (2) Grant approval of state funding assistance for the construction and/or modernization of school facilities by authorizing the maximum area ((allowance)) allocation eligible for state ((financial)) funding assistance for each school plant project approved and for which the superintendent of public instruction shall issue an appropriate SPI form and state any conditions that may or may not be applicable including whether eligibility was approved or denied for additional state funding assistance pursuant to WAC 392-343-115 for one or more approved school plant projects or whether such decision for any approved school plant project has been deferred due to insufficient factual information for a determination or due to a request by the district to present the necessary factual information to the superintendent of public instruction. Upon receipt of the superintendent of public instruction approval, the school district is authorized to prepare educational specifications pursuant to chapter 392-342 WAC. Project approval shall become null and void one year from the date of the superintendent of public instruction action unless the district:

     (a) Obtains ((local)) capital funds to provide the ((districts share of the estimated cost)) local share required for state funding assistance;

     (b) Completes the educational specifications pursuant to chapter 392-342 WAC; and

     (c) Selects a site pursuant to chapter 392-342 WAC.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-341-040, filed 7/25/06, effective 8/25/06; 98-19-139, § 180-25-040, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-25-040, filed 11/27/85; 85-09-059 (Order 7-85), § 180-25-040, filed 4/17/85; 83-21-064 (Order 9-83), § 180-25-040, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-341-043, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 86-04-065 (Order 1-86), § 180-25-043, filed 2/4/86.]

     (1) The existence of unhoused students which for the purpose of this section shall mean current or projected enrolled students who are in excess of the capacity calculated for existing facilities within the district pursuant to chapter 392-343 WAC: Provided, That current or projected enrolled students shall not be designated as unhoused for a high school district of application which has a student enrollment of four hundred or less in grades nine through twelve, if the students involved or affected can be served without undue inconvenience in a neighboring school, or schools of larger size and the neighboring school district has indicated a willingness to serve, and has the capacity to house the applying district high school students; and

     (2) The ability of the district to ((provide any necessary capital funds by local effort)) obtain capital funds to provide the local share required for state funding assistance: Provided, That the existence of unhoused students provision of subsection (1) of this section shall not be required for approval of the following school facilities projects: Interdistrict cooperative centers authorized by chapter 392-345 WAC, interdistrict transportation cooperatives authorized by chapter 392-346 WAC, and modernization and new construction authorized by chapter 392-347 WAC.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-341-045, filed 7/25/06, effective 8/25/06; 98-19-139, § 180-25-045, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 85-09-059 (Order 7-85), § 180-25-045, filed 4/17/85; 83-21-064 (Order 9-83), § 180-25-045, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-341-060, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.803, 28A.47.060, 28A.47.802 and 28A.47.105. 90-01-075, § 180-25-060, filed 12/19/89, effective 12/19/89.]

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-341-065, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.803, 28A.47.060, 28A.47.802 and 28A.47.105. 90-01-075, § 180-25-065, filed 12/19/89, effective 12/19/89.]

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-341-070, filed 7/25/06, effective 8/25/06; 98-19-139, § 180-25-070, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.803, 28A.47.060, 28A.47.802 and 28A.47.105. 90-01-075, § 180-25-070, filed 12/19/89, effective 12/19/89.]

     (1) A listing of contiguous school districts.

     (2) Name and title of each person contacted regarding availability of facilities.

     (3) A listing of available facilities including location.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-341-075, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.803, 28A.47.060, 28A.47.802 and 28A.47.105. 90-01-075, § 180-25-075, filed 12/19/89, effective 12/19/89.]

     (1) A copy of the survey conducted pursuant to WAC 392-341-070.

     (2) A board resolution certifying one of the following:

     (a) No suitable space is available in any contiguous district;

     (b) Space is available in a contiguous district but the facilities do not meet needs of the applicant district. The applicant district shall provide substantial evidence to support the unsuitability of the available facility;

     (c) Space is available in a contiguous district but good faith negotiations did not lead to an agreement between the applicant district and the district containing the available facility. The applicant district shall provide substantial evidence to support the lack of lease agreement including a history of the negotiations and proposed offers by each district.

     (3) Other information deemed pertinent by the applicant district.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-341-080, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.803, 28A.47.060, 28A.47.802 and 28A.47.105. 90-01-075, § 180-25-080, filed 12/19/89, effective 12/19/89.]

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-341-085, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.803, 28A.47.060, 28A.47.802 and 28A.47.105. 90-01-075, § 180-25-085, filed 12/19/89, effective 12/19/89.]

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-341-090, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.803, 28A.47.060, 28A.47.802 and 28A.47.105. 90-01-075, § 180-25-090, filed 12/19/89, effective 12/19/89.]

     (1) Applications for a state study and survey by a district pursuant to WAC 392-341-020 shall be designated as SPI Form D-1.

     (2) State planning grants to districts pursuant to WAC 392-341-030 shall be awarded to such districts through SPI Form D-2.

     (3) Applications for approval of a school project by a district pursuant to WAC 392-341-040 shall be designated as SPI Form D-3.

     (4) Project approval for districts pursuant to WAC 392-341-040 shall be awarded to such district through SPI Form D-4.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-341-200, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-25-200, filed 11/27/85.]

OTS-2869.1

AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-342-005   Authority.   This chapter is adopted pursuant to RCW 28A.525.020 relating to authority of the superintendent of public instruction 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 funding 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: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-342-005, filed 7/25/06, effective 8/25/06; 98-19-140, § 180-26-005, filed 9/23/98, effective 10/24/98. 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.]

     (1) 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 facility;

     (2) The site is of sufficient size to meet the needs of the facility. The minimum acreage of the site 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. A district considering the use of a site that is less than the recommended minimum usable acreage should assure that:

     (a) The health and safety of the students will not be in jeopardy;

     (b) The internal spaces within the proposed facility will be adequate for the proposed educational program;

     (c) The neighborhood in which the school facility is or will be situated will not be detrimentally impacted by lack of parking for students, employees, and the public; and

     (d) The physical education and recreational program requirements will be met.

     (3) A site review or predesign conference has been conducted with all appropriate local code agencies in order to determine design constraints;

     (4) A geotechnical engineer has conducted a limited subsurface investigation to gather basic information regarding potential foundation and subgrade performance.

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-342-020, filed 7/25/06, effective 8/25/06; 98-19-140, § 180-26-020, filed 9/23/98, effective 10/24/98. 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.]

     (1) General rule. As a general rule -- except for greater than fifty percent minority school districts -- racial imbalance shall be defined as the situation that exists:

     (a) When the combined minority enrollment of a school exceeds the district-wide combined minority percentage by twenty percentage points or more; or

     (b) When a school's enrollment of a single minority group with a district-wide enrollment of less than thirty percent exceeds fifty percent; or

     (c) When a school's enrollment of a single minority group with a district-wide enrollment of thirty percent or more exceeds the minority group's district-wide percentage by twenty percentage points or more.

     (2) Greater than fifty percent minority districts. This is a school district with a district-wide combined minority enrollment that exceeds fifty percent. Racial imbalance in a greater than fifty percent minority, nonmultiracial school district shall be defined as existing:

     (a) When the combined minority enrollment of a school varies from the district-wide combined minority percentage by more than plus or minus twenty-five percentage points; or

     (b) When a school's enrollment of a single minority group with a district-wide enrollment of less than thirty percent exceeds fifty percent; or

     (c) When a school's enrollment of a single minority group with a district-wide enrollment of thirty percent or more exceeds the minority group's district-wide percentage by twenty percentage points or more.

     (3) Greater than fifty percent minority, multiracial districts. This is a school district with a district-wide combined minority enrollment that exceeds fifty percent and consists of two or more minority group enrollments which are each greater than twenty percent. Racial imbalance in a greater than fifty percent minority, multiracial school district shall be defined as existing:

     (a) When the combined minority enrollment of a school varies from the district-wide combined minority percentage by more than plus or minus twenty-five percent percentage points; or

     (b) When a school's enrollment of a single minority exceeds the combined district-wide minority percentage.

     (4) Exclusions -- This policy does not apply to:

     (a) Public schools located on American Indian reservations; or

     (b) School ((buildings)) facilities which are the sole site within a school district for the conduct of a regular or special needs program for students of the age(s) or grade level(s) served at the site; or

     (c) Student enrollments in programs established and conducted to address extraordinary educational needs, such as bilingual orientation programs, where the assignment and enrollment of students are based solely upon their extraordinary educational needs, the enrollment of students in the program is limited to the duration of their extraordinary educational need, and adherence to the policy would defeat the educational purpose of the program.

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-342-025, filed 7/25/06, effective 8/25/06; 94-20-055, § 180-26-025, filed 9/30/94, effective 10/31/94. Statutory Authority: RCW 28A.47.830. 84-11-046 (Order 5-84), § 180-26-025, filed 5/17/84; 83-21-065 (Order 10-83), § 180-26-025, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-342-050, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, § 180-26-050, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-26-050, filed 11/27/85.]

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-342-057, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, § 180-26-057, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.525.020. 98-19-140, § 180-26-057, filed 9/23/98, effective 10/24/98. 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.]

     (1) Applications for preliminary funding status pursuant to WAC 392-342-050 shall be designated as SPI Form D-5.

     (2) Grants of preliminary funding status pursuant to WAC 392-342-050 shall be given to districts through SPI Form D-6.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-342-200, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-26-200, filed 11/27/85.]

OTS-2870.1

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-005, filed 7/25/06, effective 8/25/06; 98-19-143, § 180-27-005, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990 c 33. 90-17-009, § 180-27-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-005, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-010, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-010, filed 10/17/83.]

     (a) To equate insofar as possible the efforts by districts to provide capital moneys;

     (b) To equalize insofar as possible the educational opportunities for the students of the state;

     (c) To establish a level of state ((support)) funding assistance for the construction and modernization of school facilities consistent with moneys available; and

     (d) To recognize that districts may have reasons to remove district facilities from current inventories and provide consistent statewide policies for removal.

     (2) Nonhigh district participation in financing the cost of secondary school facilities shall be established pursuant to the provisions of chapter 28A.540 RCW.

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-343-015, filed 7/25/06, effective 8/25/06; 98-19-143, § 180-27-015, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990 c 33. 90-17-009, § 180-27-015, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830, 28A.47.060 and 28A.47.802. 90-01-076, § 180-27-015, filed 12/19/89, effective 12/19/89. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-015, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-016, filed 7/25/06, effective 8/25/06; 98-19-143, § 180-27-016, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). 92-16-058, § 180-27-016, filed 8/3/92, effective 9/3/92.]

     (a) The number of unhoused students;

     (b) Space allocations;

     (c) Reduction of the number of operating schools as per chapter 392-347 WAC;

     (d) ((Area)) Construction cost ((allowance)) allocation for the fiscal year funded;

     (e) Allowances for furniture and equipment purchases;

     (f) The amount of insurance, federal, or other nontax source local moneys applied to a school facilities project;

     (g) Certain specified costs which must be financed directly by the school district; and

     (h) The amount of fees for professional services.

     (2) State funding assistance for an approved project shall be derived by multiplying the state funding assistance percentage ((of state assistance)) determined pursuant to RCW 28A.525.166 by the following:

     (a) The eligible construction cost which shall be calculated by multiplying the approved square foot area of the project as set forth in WAC 392-343-035 by the ((area)) construction cost ((allowance)) allocation as set forth in WAC 392-343-060;

     (b) The cost of preparing educational specifications as set forth in WAC 392-343-065;

     (c) The cost of architectural and engineering services as set forth in WAC 392-343-070;

     (d) The cost of preparing and reviewing the energy conservation report as set forth in WAC 392-343-075;

     (e) The cost of a value engineering study, a constructability review, and building commissioning as set forth in WAC 392-343-080;

     (f) The construction cost savings -- sharing incentive as set forth in WAC 392-343-085;

     (g) The cost of furniture and equipment as set forth in WAC 392-343-095;

     (h) The cost of special inspections and testing as set forth in WAC 392-343-100; and

     (i) The cost of construction management as set forth in WAC 392-343-102.

     Any cost in excess of the maximum allowable shall be financed entirely by the school district.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-020, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, § 180-27-020, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.525.020. 99-24-127, § 180-27-020, filed 12/1/99, effective 1/1/00. Statutory Authority: RCW 28A.525.020 and chapters 39.35 and 60.28 RCW. 92-24-027, § 180-27-020, filed 11/24/92, effective 12/25/92. Statutory Authority: 1990 c 33. 90-17-009, § 180-27-020, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-020, filed 10/17/83.]

     (2) In the event the ((percentage of)) state funding assistance percentage to any school district computed in accordance with RCW 28A.525.166(2) is less than twenty percent and such school district otherwise is eligible for state funding assistance under statutory provisions and the superintendent of public instruction regulations, the percentage for such district shall be twenty percent of the ((matchable cost)) state allowable costs of the project.

     (3) In addition to the computed ((percent of)) state funding assistance percentage as stated above, a school district as provided in RCW 28A.525.166(3), shall be entitled to additional percentage points determined by the average percentage of growth for the past three years. One percent shall be added to the computed ((percent of)) state funding assistance percentage for each average percent of student growth for the past three years, with a maximum addition of twenty percent. In no case shall the state ((dollars matched)) funding assistance exceed one hundred percent of the maximum allowable cost of the project.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-025, filed 7/25/06, effective 8/25/06. Statutory Authority: 1990 c 33. 90-17-009, § 180-27-025, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-025, filed 10/17/83.]

     (1) Passage of bonds and/or levies by the voters of the school district to ((meet the requirement for local funding)) provide the local share required for state funding assistance;

     (2) The superintendent of public instruction project approval; or

     (3) Superintendent of public instruction approval to bid.

     In the event that a district is otherwise eligible to receive approval to bid one or more projects but a lack of state ((matching funds)) funding assistance precludes the issuance of such approval(s), the district shall retain the higher ((percentage of)) state funding assistance percentage as provided for in this section for such approval(s). This provision shall apply to all projects having received project approval by the state board of education after September 1, 1997, or by the superintendent of public instruction after June 6, 2006.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-030, filed 7/25/06, effective 8/25/06; 99-24-127, § 180-27-030, filed 12/1/99, effective 1/1/00; 98-19-143, § 180-27-030, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990 c 33. 90-17-009, § 180-27-030, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-030, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-032, filed 7/25/06, effective 8/25/06; 00-04-007, § 180-27-032, filed 1/20/00, effective 2/20/00. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24 (8)(e). 94-01-030, § 180-27-032, filed 12/6/93, effective 1/6/94. Statutory Authority: RCW 28A.525.020 and 28A.525.164. 91-12-056, § 180-27-032, filed 6/5/91, effective 7/6/91.]

	Through June 30, 2006		Beginning July 1, 2006
Grade or Area	Maximum ((Matchable Area)) Space Allocation Per Student		Maximum ((Matchable Area)) Space Allocation 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 developmental disabilities	140 square feet		144 square feet

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

     (2) State funding 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)) Space Allocation Per One-Half Enrolled Student
Skill Centers	140 square feet

     (3) Space ((allowance)) allocation for state ((matching)) funding assistance 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)) Space Allocation 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. 06-16-032, recodified as § 392-343-035, filed 7/25/06, effective 8/25/06; 05-19-108, § 180-27-035, filed 9/20/05, effective 10/21/05; 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.]

     (1) A three or five-year cohort survival enrollment projection for growth districts, whichever is greater;

     (2) A three or five-year cohort survival enrollment projection for a declining district, whichever is lesser;

     (3) Actual enrollment of preschool students with developmental disabilities; and

     (4) Supplemental information regarding district growth factors which may include but not be limited to the following types of information:

     (a) County live birth rates;

     (b) New housing starts;

     (c) Utility/telephone hookups; and

     (d) Economic/industrial expansion.

     For the purpose of this section, kindergarten students and students with developmental disabilities shall be counted as provided under WAC 392-343-035 and all other grade one through twelve students shall be counted as October count day full-time equivalent students as reported to the superintendent of public instruction: Provided, That a school district which has or has had an annual average full-time equivalent enrollment of over five hundred, and which applied for and received additional state basic education allocation moneys based upon an enrollment increase after the first of the month enrollment count, may use the average of the two highest monthly full-time equivalent enrollment counts during the school year.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-045, filed 7/25/06, effective 8/25/06; 98-19-143, § 180-27-045, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and chapters 39.35 and 60.28 RCW. 92-24-027, § 180-27-045, filed 11/24/92, effective 12/25/92. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-045, filed 10/17/83.]

     (1) The capacity of existing buildings within the district based on the school district's assigned grade spans shall be computed in accordance with the tables set forth in WAC 392-343-035 and the square foot area analysis set forth in WAC 392-343-040.

     (2) The number of students projected at each grade span shall be multiplied by appropriate numbers of square feet as set forth in WAC 392-343-035. (Note: The area generated at each grade level determines district eligibility, if any.)

     (3) The amount of housing the district is eligible to construct at each grade span is determined by subtracting the area computed in subsection (2) of this section from the existing housing capacity at each grade span in the school district. Using this formula, over housing at the secondary grade level, grades nine through twelve, or elementary grade level, kindergarten through eight, will not negatively affect unhoused eligibility at the elementary grade level or secondary grade level respectively.

     (4) Appropriate grade assignment is a local determination.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-050, filed 7/25/06, effective 8/25/06; 98-19-143, § 180-27-050, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.803, 28A.47.060, 28A.47.802 and 28A.47.105. 90-04-031, § 180-27-050, filed 1/30/90, effective 3/2/90. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-050, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-053, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 85-04-008 (Order 2-85), § 180-27-053, filed 1/25/85.]

     (1) On or after July 1 following the superintendent of public instruction order for the implementation of a priority approval process the superintendent of public instruction shall rank all projects for which final approval has been requested pursuant to WAC 392-344-107 as per the applicable priority list in WAC 392-343-500. Only school construction projects with the superintendent of public instruction approval under WAC 392-341-045 and secured ((local)) capital funds to provide the local share required for state funding assistance by January 31 of the previous state fiscal year and eligible for final approval pursuant to WAC 392-344-107 by June 30 of the previous state fiscal year shall be placed on the priority list.

     (2) Each fiscal year the superintendent of public instruction shall give final approval to school construction projects on the priority list pursuant to WAC 392-344-107 based on the level and conditions of legislative appropriations. For the purpose of this subsection the term "estimated revenue available for the state fiscal year" shall mean the estimated revenue from the common school construction fund for the current state fiscal year and the subsequent state fiscal year, the result of which is divided by two.

     (3) In the event the superintendent of public instruction does not rescind the order for the implementation of a priority approval process by the close of the state fiscal year, school construction projects remaining on the priority list without final approval and, therefore, without secured funding status pursuant to WAC 392-344-107 shall be combined with new school construction projects that have secured ((local)) capital funds to provide the local share required for state funding assistance by January 31 of the state fiscal year and that are eligible, pursuant to WAC 392-344-107, for final approval by the close of the state fiscal year, and a new priority list shall be established on or after July 1 of the next state fiscal year and such remaining and new school construction projects shall be eligible for final approval pursuant to the provisions of subsections (1) and (2) of this section.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-056, filed 7/25/06, effective 8/25/06; 99-24-127, § 180-27-056, filed 12/1/99, effective 1/1/00; 98-23-033, § 180-27-056, filed 11/10/98, effective 12/11/98; 98-19-143, § 180-27-056, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). 92-16-058, § 180-27-056, filed 8/3/92, effective 9/3/92. Statutory Authority: RCW 28A.47.830. 85-04-008 (Order 2-85), § 180-27-056, filed 1/25/85.]

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-057, filed 7/25/06, effective 8/25/06; 98-19-143, § 180-27-057, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.060, 28A.47.802 and 28A.47.830. 89-22-007, § 180-27-057, filed 10/20/89, effective 11/20/89. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-057, filed 10/17/83.]

     (2) The ((area)) construction cost ((allowance)) allocation used in calculating state ((financial)) funding assistance for construction of school facilities shall be determined by the superintendent of public instruction using the prior year's ((area)) construction cost ((allowance)) allocation, plus a construction inflation factor.

     (3) The superintendent of public instruction's office shall work with appropriate parties to develop a method for determining the annual construction inflation factor.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-060, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, § 180-27-060, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.525.020. 98-19-143, § 180-27-060, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 85-24-048 (Order 25-85), § 180-27-060, filed 11/27/85; 84-11-047 (Order 6-84), § 180-27-060, filed 5/17/84; 83-21-066 (Order 11-83), § 180-27-060, filed 10/17/83.]

     (2) The construction of interdistrict transportation cooperatives, or additions of less than fifteen thousand square feet to existing facilities, unless combined with modernization, are not eligible.

     (3) The amount of state funding assistance for which a district is eligible for the preparation of educational specifications shall be the state ((matching)) funding assistance percentage multiplied by the greater of the following:

     (a) One quarter of one percent of the ((area)) construction cost ((allowance)) allocation multiplied by the square foot area for the fiscal year funded; or

     (b) Ten thousand dollars.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-065, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, § 180-27-065, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-065, filed 10/17/83.]

     The ((allocation of state moneys for matching purposes for a school facility project shall be based on architectural and engineering services as defined by)) state maximum allowable cost for architecture and engineering services shall be based on the latest edition of the American Institute of Architects Handbook of Professional Practice and calculated by the percentage(s) in relation to the square foot area of construction as calculated in WAC 392-343-040 and project type, as set forth below:

     (1) New construction projects:

Architectural and Engineering Team Fee ((Matching)) Funding Assistance
Limitations

     For modernization projects, the limits of state ((participation)) funding assistance shall be one and one-half times the amount calculated for new construction.

     (3) Combination projects:

     For those projects which include a combination of new construction and modernization, the limits of state participation shall be prorated as set forth in subsection (1) and (2) of this section.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-070, filed 7/25/06, effective 8/25/06; 01-09-011, § 180-27-070, filed 4/6/01, effective 5/7/01; 98-19-143, § 180-27-070, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24 (8)(e). 93-13-026, § 180-27-070, filed 6/10/93, effective 7/11/93. Statutory Authority: RCW 28A.47.830. 84-07-036 (Order 1-84), § 180-27-070, filed 3/20/84; 83-21-066 (Order 11-83), § 180-27-070, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-343-075, filed 7/25/06, effective 8/25/06; 98-19-143, § 180-27-075, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and chapters 39.35 and 60.28 RCW. 92-24-027, § 180-27-075, filed 11/24/92, effective 12/25/92. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-075, filed 10/17/83.]

     (ii) Twenty thousand dollars.)) (1) The maximum amount of state funding assistance for value engineering studies and constructability reviews of the study package shall be the state funding assistance percentage multiplied by the greater of the following:

     (a) Two-fifths of one percent of the construction cost allocation multiplied by the square foot area for the fiscal year funded; or

     (b) Twenty thousand dollars.

     (2) The maximum amount of state funding assistance for building commissioning shall be:

     (a) Seven thousand five hundred dollars for projects larger than five thousand square feet but less than ten thousand square feet;

     (b) Ten thousand dollars for projects ten thousand square feet but less than fifteen thousand square feet;

     (c) The larger of the following for projects fifteen thousand square feet and above:

     (i) Two-fifths of one percent of the construction cost allocation multiplied by the square foot area for the fiscal year funded; or

     (ii) Twenty thousand dollars.

[Statutory Authority: RCW 28A.525.020. 08-09-023, § 392-343-080, filed 4/8/08, effective 5/9/08; 06-16-032, amended and recodified as § 392-343-080, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, § 180-27-080, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.525.020. 99-24-127, § 180-27-080, filed 12/1/99, effective 1/1/00; 98-19-143, § 180-27-080, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-080, filed 10/17/83.]

     (1) Districts become eligible for a cost saving incentive equal to sixty percent of the state share of the construction cost savings if the cost of new construction at bid is less than the ((approved)) state ((matchable)) maximum allowable construction cost((,)) as set forth in WAC 392-343-020 (2)(a).

     (2) The state ((matched)) funding assistance fee for basic architectural and engineering services shall not be reduced if the project is bid and is awarded below the ((approved state matchable construction cost)) state maximum allowable costs for architectural and engineering services (WAC 392-343-070) or the cost contracted for between the school district and architect/engineer, whichever is less.

     (3) Any project attached to or adjacent to or otherwise designed to operate in conjunction with an existing facility and which contains additional area equal to or less than fifty percent of the area in the existing facility shall be classified as an addition and shall not be eligible for the cost saving incentive option authorized in this section.

     (4) Districts shall not be eligible for a cost-saving incentive where the entire project, or any part of the project, qualifies for state ((support)) funding assistance under chapter 392-347 WAC.

     (5) Receipt of a portion of the state share of construction cost savings shall not reduce the district's future eligibility and entitlement to state funding assistance in providing school facilities and shall not result in the district receiving more than one hundred percent of the cost of construction.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-085, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 85-24-048 (Order 25-85), § 180-27-085, filed 11/27/85; 83-21-066 (Order 11-83), § 180-27-085, filed 10/17/83.]

     (a) Two percent for elementary schools;

     (b) Three percent for middle and junior high schools;

     (c) Four percent for high schools;

     (d) Five percent for facilities for students with developmental disabilities;

     (e) Five percent for interdistrict cooperative occupational skill centers; and

     (f) Seven percent for interdistrict transportation cooperatives.

     (2) For those projects where the eligible square footage is allocated to grade spans which do not conform to those listed above, the equipment allowance shall be allocated based on eligibility as established in WAC 392-343-035.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-095, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, § 180-27-095, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.525.020. 98-19-143, § 180-27-095, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-095, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-343-100, filed 7/25/06, effective 8/25/06; 04-23-009, § 180-27-100, filed 11/4/04, effective 12/5/04. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-100, filed 10/17/83.]

     The construction manager shall have appropriate and demonstrable experience in the management of construction projects including procurement, contract administration, scheduling, budgets, quality assurance, information management, and health and safety.

     The amount of state funding assistance for which a district shall be eligible for construction management shall be the state ((matching)) funding assistance percentage multiplied by two and one-half percent of the ((area)) construction cost ((allowance)) allocation multiplied by the square foot area for the fiscal year funded.

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-343-102, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, § 180-27-102, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.525.020. 00-09-045, § 180-27-102, filed 4/14/00, effective 5/15/00; 99-24-127, § 180-27-102, filed 12/1/99, effective 1/1/00.]

     (1) Make application for such moneys, which requirement shall be prerequisite for a preliminary or provisional allocation of state ((matching moneys)) funding assistance;

     (2) Furnish evidence of the availability of such federal moneys, which requirement shall be a prerequisite for a final allocation of state moneys: Provided, That nothing in this section shall restrict a school district from receipt of federal moneys otherwise provided for specific purposes in accordance with the conditions imposed by the federal government incumbent upon the recipient school district; and

     (3) Include the number of square feet in school facilities constructed with federal moneys and used for instructional purposes in the district's inventory which will decrease district eligibility for state ((moneys)) funding assistance by an equal number.

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-343-110, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-110, filed 10/17/83.]

     (1) A school facility subject to abatement and an order to vacate.

     A school district required to replace a school facility determined to be hazardous to the safety and health of school children and staff -- as evidenced by reports of architects or engineers licensed to practice in the state of Washington, the health agency having jurisdiction, and/or the fire marshal and building official having jurisdiction -- shall be eligible for additional assistance if the voters of the school district authorize the issuance of bonds and/or the levying of excess taxes to meet the statutory limits. If the superintendent of public instruction determines that the voters of the school district have authorized the issuance of bonds to its legal limit, the superintendent of public instruction shall provide state ((financial)) funding assistance for the remaining cost of the building to a level not exceeding the ((area)) construction cost ((allowance)) allocation for the fiscal year funded: Provided, That at any time thereafter when the superintendent of public instruction finds that the capital financial position of such district has improved, the amount of the additional allocation provided pursuant to this subsection shall be recovered by deducting an amount equal to all or a portion of such additional allocation from any future state ((school facility construction funds)) funding assistance which might otherwise be provided to such district.

     (2) Interdistrict cooperative centers.

     In the financing of interdistrict cooperative projects as set forth in chapter 392-345 WAC, the superintendent of public instruction shall allocate at seventy-five percent of the total approved project cost determined eligible for state ((matching)) funding assistance purposes if the planned school facility meets the following criteria:

     (a) Provides educational opportunities, including vocational skills programs, not otherwise provided; or

     (b) Avoids unnecessary duplication of specialized or unusually expensive educational programs or facilities.

     (3) School housing emergency.

     A school district found by the superintendent of public instruction to have a school housing emergency requiring an allocation of state ((moneys)) funding assistance in excess of the amount allocable under the statutory formula may be considered for an additional allocation of ((moneys)) state funding assistance: Provided, That the school district must have authorized the issuance of bonds to its legal capacity to meet the statutory and the superintendent of public instruction fiscal requirements for state funding assistance in providing school facilities.

     The total amount of state ((moneys)) funding assistance allocated shall be the total approved project cost determined eligible for state ((matching)) funding assistance purposes multiplied by the districts' regular ((match rate)) state funding assistance percentage as calculated pursuant to RCW 28A.525.166 plus twenty percent and not to exceed ninety percent in total: Provided further, That at any time thereafter when the superintendent of public instruction finds that the capital financial position of such district has improved, the amount of the additional allocation provided pursuant to this subsection shall be recovered by deducting an amount equal to all or a portion of such additional allocation from any future state school facility construction funds which might otherwise be provided to such district.

     (4) Improved school district organization.

     If two or more school districts reorganize into a single school district and the construction of new school facilities results in the elimination of a small high school with a full-time equivalent enrollment in grades 9-12 of less than four hundred students and/or an elementary school with a full-time equivalent enrollment of less than one hundred students, the superintendent of public instruction shall ((match)) provide state funding assistance based on the total approved cost of the project at seventy-five percent.

     (5) Racial imbalance.

     Any school district that contains a school facility which is racially imbalanced as defined in WAC 392-342-025 shall receive state funding assistance under this subsection in the amount of an additional ten percentage points above the ((matching)) state funding assistance percentage as calculated pursuant to RCW 28A.525.116 (b) and (c) which will not exceed a total of ninety percent of the total approved cost of construction: Provided, school construction projects for racial balance that meet the following conditions shall be provided state funding assistance at seventy-five percent of the ((square foot)) construction cost ((allowance)) allocation for the fiscal year funded under the provisions of this subsection as they existed prior to the amendment of this subsection in 1993:

     (a) Voter approved local ((matching)) funds were authorized before December 31, 1992;

     (b) The superintendent of public instruction approved a comprehensive desegregation plan with specific construction and modernization projects under additional state funding assistance criterion in effect at that time, which will be identified on or before September 15, 1993; and

     (c) The superintendent of public instruction confirms at the time of project approval pursuant to WAC 392-341-040 the continued existence of racial balance needs.

     In the case of a school district which contains a racially imbalanced school facility the district must demonstrate that, as a result of new construction or modernization, the particular school facility will no longer be racially imbalanced, that the combined minority enrollment in the particular school facility will be reduced by more than ten percentage points, and that the above stated results will be obtained as a direct result of increased enrollment of nonminority students in the particular school facility: Provided, That the particular school facility shall remain racially balanced for a period of at least five years after the date of actual building occupancy: Provided further, That if the superintendent of public instruction finds that the school facility does not remain racially balanced for five years then the amount of additional state funding assistance provided pursuant to this subsection shall be recovered by deducting an amount equal to all of the additional allocation from any future state ((school facility construction funds)) funding assistance which might otherwise be provided to such district.

     (6) Any project that has received approval for additional state funding assistance under provisions of this section as they existed prior to the amendment of this section in 1993 shall retain authorization for additional state funding assistance under the provisions in effect at the time of such approval.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-115, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, § 180-27-115, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.525.020. 98-19-143, § 180-27-115, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 28A.525.166(4). 93-20-067, § 180-27-115, filed 10/1/93, effective 11/1/93. Statutory Authority: RCW 28A.525.020 and 28A.525.164. 91-12-059, § 180-27-115, filed 6/5/91, effective 7/6/91. Statutory Authority: 1990 c 33. 90-17-009, § 180-27-115, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830, 28A.47.060 and 28A.47.802. 90-01-076, § 180-27-115, filed 12/19/89, effective 12/19/89. Statutory Authority: RCW 28A.47.830. 85-24-048 (Order 25-85), § 180-27-115, filed 11/27/85; 83-21-066 (Order 11-83), § 180-27-115, filed 10/17/83.]

     (1) The cost of area in excess of the space allocations as set forth in WAC 392-343-035;

     (2) Acquisition cost of site;

     (3) Maintenance and operation;

     (4) Alterations, repair, and demolitions, except alterations necessary to connect new construction to an existing building;

     (5) Central administration buildings;

     (6) Stadia/grandstands;

     (7) Costs incidental to advertising for bids, site surveys, soil testing for site purchase, and costs other than those connected directly with the construction of facilities;

     (8) Bus garages, except interdistrict cooperatives;

     (9) Sales and/or use taxes levied by local governmental agencies other than those sales and/or use taxes levied by the state of Washington;

     (10) All costs in excess of state ((support level factors)) allocations established by the superintendent of public instruction for state ((participation)) funding assistance in financing school construction; and/or

     (11) All costs associated with the purchase, installation, and relocation of portable classrooms.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-120, filed 7/25/06, effective 8/25/06; 04-23-009, § 180-27-120, filed 11/4/04, effective 12/5/04; 98-19-143, § 180-27-120, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-120, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-125, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-125, filed 10/17/83.]

     (1) Facility name;

     (2) Location (address);

     (3) Gross square footage;

     (4) Gross square footage of available instructional space (if different than subsection (3) of this section);

     (5) Date of construction, additions, and/or modernizations; and

     (6) Grade spans served in the facility.

     School facilities that are surplus and under lease per the provision of RCW 28A.335.040 are considered to be available for instructional activities and shall be included in the instructional space inventory.

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-343-405, filed 7/25/06, effective 8/25/06. Statutory Authority: 1990 c 33. 90-17-009, § 180-27-405, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830, 28A.47.060 and 28A.47.802. 90-01-076, § 180-27-405, filed 12/19/89, effective 12/19/89.]

     (1) The replacement school facility is wholly financed with local ((district)) funds; or

     (2) The replacement school facility is constructed with state funding assistance authorized under the authority of chapter 392-347 WAC.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-425, filed 7/25/06, effective 8/25/06; 98-19-143, § 180-27-425, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.803, 28A.47.060, 28A.47.802 and 28A.47.105. 90-04-031, § 180-27-425, filed 1/30/90, effective 3/2/90.]

     (1) Common elements;

     (2) New construction for growth elements; and

     (3) Modernization or new-in-lieu of modernization elements.

     In the case of a combined project (i.e., new construction for growth and modernization), the respective scores in each group will be prorated on the basis of each group's related gross square footage in the total project.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-500, filed 7/25/06, effective 8/25/06; 98-19-143, § 180-27-500, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). 92-16-058, § 180-27-500, filed 8/3/92, effective 9/3/92.]

     (1) Type of space - Ten possible points. In this element the net assignable square feet (NASF) of a project are identified by planned space inventory category. Category One is space used for scheduled instruction and libraries (classrooms, laboratories, PE teaching space, libraries, and learning resource centers). Category Two is space used in support of instruction (assembly, student services, office space, and classroom/lab service and support). Category Three space is cafeteria/food service, spectator seating, covered play areas, and general support space. The formula for determining points prorates the NASF with weightings of ten for Category One, seven for Category Two, and four for Category Three as shown below.

NASF of Category One	X	10 points = X
NASF of Category Two	X	7 points = X
NASF of Category Three	X	4 points = X

     Then: The sum of X divided by the sum of NASF equals points.

     (2) Local priority - Five points. For this element, five maximum points are awarded to the district's first priority project. Each priority from there has one point deducted from it, to a minimum of zero points awarded.

     (3) Joint funding - Five possible points. A binding agreement between the school district and another governmental entity for the joint financing of new construction or modernization of space which is not otherwise eligible for state funding assistance.

Total Project Cost Up to $1,000,000	Required Joint Funding 25% of total project cost
Between $1,000,000 and $2,000,000		$275,000
Between $2,000,000 and $3,000,000		$300,000
Between $3,000,000 and $4,000,000		$325,000
Between $4,000,000 and $5,000,000		$350,000
Between $5,000,000 and $6,000,000		$375,000
Between $6,000,000 and $7,000,000		$400,000
Between $7,000,000 and $8,000,000		$425,000
Between $8,000,000 and $9,000,000		$450,000
Between $9,000,000 and $10,000,000		$475,000
$10,000,000 and over		$500,000

     (4) Modified calendar or schedule - Five possible points. For this element, up to five points utilizing the table below will be awarded to a project in a district which has adopted a modified school calendar or schedule that enables more students to use school buildings each year over what current state capacity standards at WAC 392-343-035 recognize for state funding assistance purposes. The modified calendar or schedule shall utilize either extended school day or additional days for instruction in the year. The enrollment percentage shall be calculated on the same grade span groupings as for eligibility in WAC 392-343-050. For the purpose of this subsection, the enrollment shall include all students enrolled at the facility as opposed to only those students in attendance.

Enrollment Percentage Increase Over Capacity		Priority Points
20 to above		5
16 to 19.9		4
12 to 15.9		3
8 to 11.9		2
4 to 7.9		1
Below 4		0

The scores for this group of elements will be determined after district compliance with the requirements of WAC 392-344-107.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-505, filed 7/25/06, effective 8/25/06; 98-19-143, § 180-27-505, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1993 [1992] c 233 § 24 (8)(e). 93-04-019, § 180-27-505, filed 1/26/93, effective 2/26/93. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). 92-16-058, § 180-27-505, filed 8/3/92, effective 9/3/92.]

     (1) Projected percent unhoused - Fifty-five possible points. The district percent unhoused five years in the future is based on the projection of enrollment per WAC 392-343-045 for two grade categories, including preschool special education, compared to the formula capacity of existing space based on WAC 392-343-035 as computed per WAC 392-343-050.

     If the projected district percent unhoused for the applicable grade category is equal to or greater than forty percent, full points are awarded. If the projected district percent unhoused is less than five percent but greater than zero percent, then a minimum of fifteen points are awarded. If the projected percent unhoused is between five percent and forty percent, then the forty remaining points (55-15) are proportionately awarded.

     (2) Mid-range projection - Five possible points. This factor is to recognize the degree of immediacy of a district's capacity problem. The district's point score in subsection (1) of this section is first multiplied by .091 to reflect the relationship between the fifty-five possible points in subsection (1) of this section and the five points in this subsection. This produces the maximum points a project can be awarded in this factor. The actual points are determined by the relationship between the district's unhoused percentage three years in the future divided by the unhoused percentage five years in the future. For example, if a district received 43.57 points in subsection (1) of this section due to a projected thirty percent unhoused condition and its three-year projection is that it will be twenty-four percent unhoused, it will receive 3.17 points (i.e., ((42.57 x .091) x (24 percent/30 percent)) = 3.17).

     (3) Number of years unhoused - Five possible points. This factor is to recognize the duration of an unhoused problem. One point is awarded for each year the district has had an unhoused condition in the applicable grade category during the past five years, up to the five points maximum.

     The scores shall be determined at the time of project approval per WAC 392-341-045. These scores shall be carried for a period of twenty-four months, at which time new scores shall be determined utilizing the then most current enrollment projections and facts. A district may request a redetermination of scores at any time.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-510, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). 92-16-058, § 180-27-510, filed 8/3/92, effective 9/3/92.]

     (1) Health & safety - Twenty possible points. A maximum of sixteen points are awarded based on the evaluation contained in the Building Condition Evaluation Form (BCEF) (WAC 392-343-535) and are awarded as follows:

15 - 19 percent = 16 points, 20 - 24 percent = 15 points, 25 - 29 percent = 14 points, etc., until 95 percent at which no points are awarded.

     The health and safety condition points are combined with an additional:

	Two points if school does not meet seismic code requirements.
	Two points if school is not asbestos free.

     (2) Condition of building - Thirty possible points. The score is based on the Building Condition Evaluation Form (WAC 392-343-535) analysis for all categories other than access for persons with developmental disabilities. If the building condition score is thirty-one or less, then the maximum thirty points are awarded to the project. If the condition score is ninety-one or more, then no points are awarded. If the condition score is from thirty-two to ninety, the condition score is subtracted from ninety-one and multiplied by fifty percent to determine the points. In cases where projects affect multiple buildings, the BCEF score is weighted by the proportion of gross square feet (GSF) affected.

     (3) Cost/benefit factor - Ten minus points possible. If the proposed project is a modernization and the BCEF score is less than forty, one point is deducted for each point the BCEF score is less than forty up to a total possible deduction of ten points.

     If the proposed project is a new-in-lieu of modernization and the BCEF score is greater than sixty, one point is deducted for each point the BCEF score is higher than sixty to a total possible deduction of ten points.

     The scores shall be determined at the time of project approval per WAC 392-341-045. These scores shall be carried until the district requests a redetermination.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-515, filed 7/25/06, effective 8/25/06; 98-19-143, § 180-27-515, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). 92-16-058, § 180-27-515, filed 8/3/92, effective 9/3/92.]

Type of Interdistrict Cooperative Facility	Priority Score
Vocational Skill Centers	25
Transportation Centers	10
Other Cooperative Facilities	20

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-525, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). 92-16-058, § 180-27-525, filed 8/3/92, effective 9/3/92.]

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-535, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). 92-16-058, § 180-27-535, filed 8/3/92, effective 9/3/92.]

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-615, filed 7/25/06, effective 8/25/06; 99-24-127, § 180-27-615, filed 12/1/99, effective 1/1/00. Statutory Authority: 1995 2nd sp.s. c 16 § 508. 95-20-088, § 180-27-615, filed 10/4/95, effective 11/4/95.]

OTS-2874.1

AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-344-005   Authority.   This chapter is adopted pursuant to RCW 28A.525.020 relating to authority of the superintendent of public instruction to prescribe rules and regulations governing the administration, control, terms, conditions, and disbursements of allotments to school districts to assist them in providing school facilities. In accordance with RCW 28A.525.200, the only provision of chapter 28A.525 RCW currently applicable to state funding assistance for school plant facilities are RCW 28A.525.030, 28A.525.040, 28A.525.050, and 28A.525.162 through 28A.525.178.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-344-005, filed 7/25/06, effective 8/25/06; 98-19-141, § 180-29-005, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990 c 33. 90-17-009, § 180-29-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-005, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-344-010, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-010, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-344-025, filed 7/25/06, effective 8/25/06; 98-19-141, § 180-29-025, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-025, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-344-055, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-055, filed 10/17/83.]

     (1) Educational specifications (WAC 392-344-050);

     (2) Architect-engineer (WAC 392-344-055);

     (3) Energy conservation report (WAC 392-344-060);

     (4) Value engineering (WAC 392-344-065);

     (5) Constructability review (WAC 392-344-066);

     (6) Building commissioning (WAC 392-344-067);

     (7) Construction management (WAC 392-344-068).

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-344-075, filed 7/25/06, effective 8/25/06; 99-24-126, § 180-29-075, filed 12/1/99, effective 1/1/00. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-075, filed 10/17/83.]

     (1) Separate or combined bids. The school district shall determine if the bids for general, mechanical, or electrical are to be separate or combined.

     (2) Combination projects. For those projects which include a combination of both new construction and modernization, bid documents shall provide for separate and distinct bids for each and shall, when combined, be the low bid for the project.

     (3) Ineligible items. Items ineligible for state ((matching)) funding assistance shall be bid separate or as an alternate.

     (4) Bid law. All items included in the construction documents shall be bid in accordance with RCW 28A.335.190 and 43.19.1906.

     (5) Commercial all-risk property insurance. Provision for commercial all-risk property insurance is mandatory for all school facilities under construction. The insurance shall cover at a minimum the amount of the work in place and materials to be used in the project which is in place and on the site. A certificate of insurance shall be submitted to the superintendent of public instruction that insurance is provided for by the contractor or the school district. Only costs for insurance provided for in the construction documents will be ((matched)) eligible for state funding assistance.

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-344-080, filed 7/25/06, effective 8/25/06; 98-23-034, § 180-29-080, filed 11/10/98, effective 12/11/98. Statutory Authority: 1990 c 33. 90-17-009, § 180-29-080, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-080, filed 10/17/83.]

     (a) One copy of the construction documents forwarded by others;

     (b) Cost estimate of construction on a form approved by the superintendent of public instruction, completed and signed by the architect-engineer;

     (c) Signed copy or photocopy of letters of approval by other governmental agencies in accordance with WAC 392-344-090;

     (d) Area analysis on a form approved by the superintendent of public instruction in accordance with chapter 392-343 WAC;

     (e) Complete listing of construction special inspections and/or testing to be performed by independent sources that are included in the project pursuant to WAC 392-343-100;

     (f) School district board acceptance of a value engineering report and its implementation.

     The report shall include the following:

     (i) A brief description of the original design;

     (ii) A brief description of the value engineering methodology used;

     (iii) The areas analyzed;

     (iv) The design alternatives proposed;

     (v) The cost changes proposed;

     (vi) The alternates accepted; and

     (vii) A brief statement explaining why each alternate not accepted was rejected;

     (g) Certification by the school district that a constructability review report was completed.

     The report shall include:

     (i) A brief description of the constructability review methodology used;

     (ii) The area analyzed;

     (iii) The recommendations accepted; and

     (iv) A brief statement explaining why each recommendation not accepted was rejected;

     (h) Completed Building Condition Evaluation Forms (BCEF) as required by WAC 392-343-535 for every school facility in the district.

     (2) If the above documents reflect an increase in square foot size from the application approved by the superintendent of public instruction as per WAC 392-344-025 which will result in an increase in state ((support)) funding assistance, a new application must be submitted to the superintendent of public instruction.

[Statutory Authority: RCW 28A.525.020. 08-20-008, § 392-344-085, filed 9/18/08, effective 10/19/08; 06-16-032, amended and recodified as § 392-344-085, filed 7/25/06, effective 8/25/06; 00-18-060, § 180-29-085, filed 9/1/00, effective 10/2/00; 99-24-126, § 180-29-085, filed 12/1/99, effective 1/1/00; 98-19-141, § 180-29-085, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). 92-16-058, § 180-29-085, filed 8/3/92, effective 9/3/92. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-085, filed 10/17/83.]

     (2) The superintendent of public instruction shall grant approval if moneys are available for state funding assistance and the required documents pursuant to WAC 392-344-075, 392-344-080, 392-344-085, 392-344-090, 392-344-095, and 392-344-100 are complete.

     (3) If the superintendent of public instruction determines that the required documents are incomplete, the superintendent of public instruction shall hold the project and notify the school district in writing as to the incomplete items.

     (4) If moneys are not available for state funding assistance in construction, the school district shall notify the superintendent of public instruction that they are proceeding with their own moneys with the expectation that they will be reimbursed as per WAC 392-343-057.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-344-107, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.525.020 and 28A.525.164. 91-12-055, § 180-29-107, filed 6/5/91, effective 7/6/91. Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-29-107, filed 11/27/85; 83-21-067 (Order 12-83), § 180-29-107, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-344-1075, filed 7/25/06, effective 8/25/06; 98-19-141, § 180-29-1075, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1991 c 14. 91-20-151, § 180-29-1075, filed 10/2/91, effective 11/2/91. Statutory Authority: RCW 28A.47.830. 86-04-065 (Order 1-86), § 180-29-1075, filed 2/4/86.]

     (1) The lowest legally acceptable base bid, exclusive of alternates, received by a district exceeds the cost estimate submitted to the superintendent of public instruction pursuant to WAC 392-344-085 by ten percent or more; and

     (2) Prior to the expiration on or after June 15, 1989, of the initial ninety-day period the district has rejected, or hereafter rejects, all bids in order to solicit new bids.

     A district which fails to request an authorization for contract award pursuant to WAC 392-344-110 within the time period allowed by this section shall have its authority to proceed withdrawn. Districts with such projects withdrawn may reinitiate an application for state funding assistance by first reapplying for project approval pursuant to WAC 392-341-040.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-344-108, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 89-22-008, § 180-29-108, filed 10/20/89, effective 11/20/89; 85-24-047 (Order 24-85), § 180-29-108, filed 11/27/85.]

     (a) Analyze the bids;

     (b) Determine the amount of state ((moneys allocable)) funding assistance; and

     (c) Make an allocation of state ((moneys)) funding assistance for construction and other items as per chapter 392-343 WAC.

     (2) Authorization for contract award and allocation of state ((moneys)) funding assistance shall be contingent upon the following:

     (a) The contract price for the construction has been established by competitive bid(s); and

     (b) The school district has available sufficient local funds pursuant to chapter 392-341 WAC.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-344-115, filed 7/25/06, effective 8/25/06; 98-19-141, § 180-29-115, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1991 c 14. 91-20-151, § 180-29-115, filed 10/2/91, effective 11/2/91. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-115, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-344-125, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.525.020 and 28A.525.200. 95-08-030, § 180-29-125, filed 3/29/95, effective 4/29/95. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24 (8)(e). 94-01-013, § 180-29-125, filed 12/3/93, effective 1/3/94. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-125, filed 10/17/83.]

     (1) Prior to payment ((from)) of state ((moneys)) funding assistance, the school district shall make payments on all claims submitted until such time as the total amount of ((school district moneys)) local funds obligated by the district have been expended.

     (2) When local ((moneys)) funds have been expended as in subsection (1) of this section, payments ((from)) of state ((moneys)) funding assistance shall then be made: Provided, That for projects authorized for state funding assistance pursuant to WAC 392-344-115(2) after June 30, 1993, payment shall be made after receipt of written certification by the school district board of directors that the school facility project authorized for state ((matching funds)) funding assistance has been or will be completed according to the purposes for which the state ((matching funds are)) funding assistance is being provided.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-344-130, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.525.020 and 1994 c 6 sp.s. 94-13-019, § 180-29-130, filed 6/3/94, effective 7/4/94. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-130, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-344-140, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-140, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-344-145, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-145, filed 10/17/83.]

     (2) Under RCW 60.28.011, a school district either:

     (a) Must provide for the reservation of five percent of all moneys earned by a contractor either by the district, deposited by the district in an interest-bearing account or placed in escrow as provided in RCW 60.28.011(4); or

     (b) Must accept a bond submitted by the contractor from any portion of the retainage in a form acceptable to the superintendent of public instruction and the school district and from a bonding company which meets the standards established at subsection (4)(b) of this section and by the school district, unless the school district can demonstrate good cause for refusing to accept the bond.

     As a general rule, the superintendent of public instruction prefers and recommends the cash retainage option for reasons which include the security and ease of enforcement which the cash option affords.

     (3) Cash retainage.

     (a) If the school district reserves five percent of all moneys earned by the contractor in a retainage trust fund administered by the school district in accordance with RCW 60.28.011(1), moneys deposited in that trust fund (whether retained by the district, deposited by the district in an interest-bearing account, or placed in escrow), may be paid to the contractor without prior written consent by the superintendent of public instruction. The superintendent of public instruction shall make available to the school district model procedures and forms for setting up the trust fund selected by the contractor under RCW 60.28.011(4).

     (b) At the request of the school district, the superintendent of public instruction may be designated as agent of the school district for cash retainage and will:

     (i) Administer the retained percentage trust fund in accordance with RCW 60.28.011, inclusive of depositing, releasing and accounting for such moneys;

     (ii) Establish and administer the retained percentage trust fund in accordance with the terms of chapter 60.28 RCW, and such terms as may be established by the superintendent of public instruction to ensure compliance with chapter 60.28 RCW, the security of trust fund moneys and efficient administration; and

     (iii) Ensure that no moneys lawfully deposited in the retained percentage trust fund shall be paid to the contractor without the prior written consent of the superintendent of public instruction, except for the payment of interest earnings as may be required by law.

     (4) If at the request of the contractor the bond in lieu of cash retained percentage option is implemented the following conditions apply:

     (a) The bond shall be in terms and of a form approved and established by the superintendent of public instruction to ensure that the bond adequately addresses the purposes of chapter 60.28 RCW; and

     (b) The bond shall be signed by a surety that is:

     (i) Registered with the Washington state insurance commissioner; and

     (ii) On the currently authorized insurance list published by the Washington state insurance commissioner.

     (c) Whatever additional requirements for the bonding company as may be established by the school district.

     (5) The release of retainage, whether cash or bond-in-lieu, shall be conditioned upon satisfactory compliance with the provisions of WAC 392-344-165.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-344-147, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24 (8)(e). 94-14-028, § 180-29-147, filed 6/28/94, effective 7/29/94.]

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-344-150, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-150, filed 10/17/83.]

OTS-2871.1

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as § 392-347-005, filed 7/25/06, effective 8/25/06; 98-19-138, § 180-33-005, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990 c 33. 90-17-009, § 180-33-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-071 (Order 16-83), § 180-33-005, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), § 180-33-005, filed 12/1/81.]

[Statutory Authority: RCW 28A.525.020. 06-16-031, recodified as § 392-347-007, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-071 (Order 16-83), § 180-33-007, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as § 392-347-013, filed 7/25/06, effective 8/25/06. Statutory Authority: [RCW 28A.525.020.] 91-12-058, § 180-33-013, filed 6/5/91, effective 7/6/91.]

     (a) Bringing a facility into compliance with current building and health codes when so required by state or local health or safety officials;

     (b) Changing the grade span grouping by facility by the addition, deletion, or combination thereof of two or more grades within the affected facility;

     (c) The reduction of the number of operating school facilities in a district by combining the remaining school facilities through modernization and new capital construction so as to achieve more cost effective and efficient operation in the combined school facility or facilities. In order to be eligible for state ((financial)) funding assistance, such a project shall result in additional space for at least 100 additional pupils and the following enrollment in any combined facility:

     (i) Elementary school facility -- 500 pupils;

     (ii) Middle or junior high school facility -- 700 pupils;

     (iii) Senior high school facility -- 850 pupils:

     Provided, That modernization projects in school districts with a high school enrollment of less than 850 pupils need not comply with the enrollment figures set forth above: Provided further, That unless the district demonstrates the existence of unhoused students, state ((financial)) funding assistance for the new construction component of a combined modernization and new construction project shall be limited to the provision of WAC 392-347-040; or

     (d) Meeting the educational program of the facility.

     (2) School districts shall certify that a proposed modernization project will extend the life of the modernized school facility by at least twenty years.

     (3) School districts shall be ineligible for state funding assistance for modernization of any school facility accepted by the school district board of directors prior to January 1, 1993, where the principal purpose of that modernization project is to:

     (a) Restore building systems and subsystems that have deteriorated due to deferred maintenance;

     (b) Perform piecemeal work on one section or system of a school facility;

     (c) Modernize a facility or any section thereof which has been constructed within the previous twenty years;

     (d) Modernize a facility or any section thereof which has received state funding assistance under the authority of this chapter within the previous twenty years;

     (e) To modernize a senior high school facility in a district with a senior high school where there is existing space available to serve the students involved or affected in a neighboring senior high school without, in the judgment of the superintendent of public instruction, an undue increase in the cost of transporting the students to and from school, decrease in educational opportunity, or proportional increase in the cost of instruction pursuant to chapter 392-341 WAC.

     (4) School facilities accepted by the school district board of directors after January 1, 1993, shall be ineligible for state funding assistance for modernization of the facility or any section thereof where:

     (a) The facility was constructed and occupied within the previous thirty years;

     (b) The facility received state funding assistance under the authority of this chapter within the previous thirty years.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as § 392-347-015, filed 7/25/06, effective 8/25/06; 05-23-046, § 180-33-015, filed 11/9/05, effective 12/10/05; 91-12-058, § 180-33-015, filed 6/5/91, effective 7/6/91. Statutory Authority: RCW 28A.47.830. 85-24-049 (Order 26-85), § 180-33-015, filed 11/27/85; 85-09-060 (Order 8-85), § 180-33-015, filed 4/17/85; 83-21-071 (Order 16-83), § 180-33-015, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), § 180-33-015, filed 12/1/81.]

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as § 392-347-020, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, § 180-33-020, filed 9/14/01, effective 10/15/01. Statutory Authority: [RCW 28A.525.020.] 91-12-058, § 180-33-020, filed 6/5/91, effective 7/6/91. Statutory Authority: 1990 c 33. 90-17-009, § 180-33-020, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-071 (Order 16-83), § 180-33-020, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), § 180-33-020, filed 12/1/81.]

     (1) Definitions: For purposes of this chapter:

     (a) An asset preservation program is a systematic approach to ensure performance accountability; promote student health and safety by maintaining and operating building systems to their design capacity; maintain an encouraging learning environment; and extend building life, thus minimizing future capital needs.

     (b) An asset preservation system is a system of tasks or projects that are active, reactive, or proactive in maintaining the day to day health, safety, and instructional quality of the school facility and tasks or projects that are proactive, predictive or preventative in maintaining the school facility over its thirty-year expected life cycle.

     (c) A building condition evaluation is an evaluation of the condition of building components and systems using a standardized scoring matrix.

     (d) A building condition standard is a numeric scoring table with a scale identifying the expected condition score for each year of the building's expected life cycle.

     (2) The office of the superintendent of public instruction shall establish and adopt a uniform program of specifications, standards, and requirements for implementing and maintaining the asset preservation program.

     (3) School districts with affected buildings under this chapter are required to:

     (a) Adopt or implement an asset preservation system;

     (b) Annually perform a building condition evaluation and report the condition of such building to the school district's board of directors no later than April 1st of each year;

     (c) Thereafter in six year intervals during the thirty-year expected life span of the building, have a certified evaluator, as approved by the office of the superintendent of public instruction, perform a building condition evaluation and report the condition to the school district's board of directors and to the office of the superintendent of public instruction no later than April 1st.

     (4) A school district building affected under this chapter and that does not meet the minimum building condition standard score of forty points at the end of the thirty years from the accepted date shall:

     (a) Have its allowable cost per square foot used to determine the amount of state funding assistance in any modernization project reduced at a rate of two percent for each point below forty points, not to exceed a total twenty percent reduction; or

     (b) Be ineligible for state funding assistance when the building condition score is less than thirty points.

     (5) The following schedule shall apply to school districts with buildings affected under this chapter, and the requirements set forth shall replace the former requirements of this section:

     (a) Buildings accepted by the school board in 1994 must begin an asset preservation program in 2009, and shall fully implement the program within no more than one and one-half years;

     (b) Buildings accepted by the school board in 1995 must begin an asset preservation program in 2010, and shall fully implement the program within no more than one year;

     (c) Buildings accepted by the school board in 1996 through 2010 must begin an asset preservation program in 2011, and shall fully implement the program within no more than six months;

     (d) Buildings accepted by the school board after December 31, 2010, must implement an asset preservation program within six months of facility acceptance.

[Statutory Authority: RCW 28A.525.020. 09-10-023, § 392-347-023, filed 4/28/09, effective 5/29/09; 08-09-024, § 392-347-023, filed 4/8/08, effective 5/9/08; 06-16-031, amended and recodified as § 392-347-023, filed 7/25/06, effective 8/25/06; 01-09-012, § 180-33-023, filed 4/6/01, effective 5/7/01; 91-12-058, § 180-33-023, filed 6/5/91, effective 7/6/91.]

     (1) In planning for modernization in any school facility, under the provisions of WAC 392-347-015 (1)(a) and (b), a school district shall estimate capacity needs on the basis of a cohort survival enrollment as per WAC 392-343-045. 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)) funding assistance in modernization.

     (2) 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 the superintendent of public instruction consideration of state funding assistance for such projects, determine, in computing the amount of eligible space for modernization, ((the state will match)) state funding assistance will be provided on the entire facility of three quarters of the overall square footage of the school districts' facilities is eligible for state ((financial)) funding 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. 06-16-031, amended and recodified as § 392-347-025, filed 7/25/06, effective 8/25/06; 05-19-109, § 180-33-025, filed 9/20/05, effective 10/21/05; 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.]

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as § 392-347-030, filed 7/25/06, effective 8/25/06. Statutory Authority: 1990 c 33. 90-17-009, § 180-33-030, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 85-24-049 (Order 26-85), § 180-33-030, filed 11/27/85; 83-21-071 (Order 16-83), § 180-33-030, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), § 180-33-030, filed 12/1/81.]

     (2) The superintendent of public instruction may grant a waiver from subsection (1) of this section in the event of an unanticipated increase in the ((area)) construction cost ((allowance)) allocation that might cause prior approved projects expecting state funding assistance to become disqualified for such assistance.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as § 392-347-035, filed 7/25/06, effective 8/25/06; 05-19-110, § 180-33-035, filed 9/20/05, effective 10/21/05. Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, § 180-33-035, filed 9/14/01, effective 10/15/01. Statutory Authority: [RCW 28A.525.020.] 91-12-058, § 180-33-035, filed 6/5/91, effective 7/6/91. Statutory Authority: RCW 28A.47.830. 85-24-049 (Order 26-85), § 180-33-035, filed 11/27/85; 83-21-071 (Order 16-83), § 180-33-035, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), § 180-33-035, filed 12/1/81.]

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as § 392-347-040, filed 7/25/06, effective 8/25/06; 05-19-111, § 180-33-040, filed 9/20/05, effective 10/21/05; 98-19-138, § 180-33-040, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-071 (Order 16-83), § 180-33-040, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), § 180-33-040, filed 12/1/81.]

     (1) The existing building or space to be replaced will not be used for district instructional purposes; and

     (2) The existing building or space will be ineligible for any future state ((financial)) funding assistance.

     Further, if the existing building or space is subsequently returned by the district to instructional purposes in whole or in part, the district shall become ineligible for any state ((construction financial)) funding assistance for a period of ten years from the date that the superintendent of public instruction sends written notice to members of the local board recognizing the return of the building in whole or in part to instructional purposes. Districts exercising this election shall be limited in state funding assistance to the provision of WAC 392-347-040. In the event the district elects to replace a facility and construct a new facility with more space than the facility being replaced, the additional space, in order to be eligible for state funding assistance shall meet the eligibility requirements for new construction or the new construction component requirement of WAC 392-347-015 (1)(c): Provided, That no new construction in lieu of modernization project may qualify for additional state funding assistance pursuant to WAC 392-343-115 unless the facility being replaced would have qualified pursuant to such section for additional state funding assistance as a modernization project.

     (3) The superintendent of public instruction may waive the provisions of this section for a period it determines is appropriate to the particular situation. A waiver request must be submitted in writing to the superintendent of public instruction. The superintendent of public instruction shall review the waiver request and approve or deny the request. The waiver request shall include, but not be limited to, the following information:

     (a) Description of the district's planning process;

     (b) Rationale why the need for the waiver request was not anticipated;

     (c) The requested length of time of the waiver;

     (d) The availability of funding for proposed projects;

     (e) List of specific projects and timelines;

     (f) List of the specific student groups that will use the facility;

     (g) Rationale why this is the best use of facilities and public funds;

     (h) Assurance that the facility meets health and safety standards for occupancy.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as § 392-347-042, filed 7/25/06, effective 8/25/06; 01-14-019, § 180-33-042, filed 6/26/01, effective 7/27/01; 98-19-138, § 180-33-042, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1993 sp.s. c 22 § 708(5). 93-20-066, § 180-33-042, filed 10/1/93, effective 11/1/93. Statutory Authority: RCW 28A.47.830. 85-09-060 (Order 8-85), § 180-33-042, filed 4/17/85.]

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as § 392-347-045, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-071 (Order 16-83), § 180-33-045, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), § 180-33-045, filed 12/1/81.]

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION(Amending WSR 09-16-031 [06-16-031], filed 7/25/06, effective 8/25/06)

WAC 392-347-050   Study and survey of school district as prerequisite.   A survey of facilities proposed for modernization conducted under the direction of the superintendent of public instruction as per chapter 392-341 WAC shall be a prerequisite for consideration of an application for state ((participation in financing)) funding assistance of a modernization project.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as § 392-347-050, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-071 (Order 16-83), § 180-33-050, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), § 180-33-050, filed 12/1/81.]

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION(Amending WSR 09-16-031 [06-16-031], filed 7/25/06, effective 8/25/06)

WAC 392-347-055   Regulations governing.   In addition to the regulations hereinbefore in chapter 392-347 WAC prescribed; all regulations governing the basic assistance program prescribed in chapters 392-341, 392-342, 392-343, and 392-344 WAC shall govern administration of state ((participation)) funding assistance in financing modernization of school facilities: Provided, That compliance with those regulations not pertinent to modernization projects as determined by the superintendent of public instruction shall not be required.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as § 392-347-055, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-071 (Order 16-83), § 180-33-055, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), § 180-33-055, filed 12/1/81.]

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

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