WSR 16-16-079
PROPOSED RULES
SUPERINTENDENT OF
PUBLIC INSTRUCTION
[Filed July 29, 2016, 10:04 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-24-138.
Title of Rule and Other Identifying Information: Development of new chapter 392-900 WAC is required to allow the office of the superintendent of public instruction (OSPI) to implement two pilot grant programs established in section[s] 5026 and 5028, chapter 3, Laws of 2015.
The procedures defined in the new chapter outline the processes for both the class size reduction grant and the STEM grant programs.
Hearing Location(s): OSPI, Policy Room, 600 South Washington Street, Olympia, WA 98501, on September 8, 2016, at 1:00 p.m.
Date of Intended Adoption: September 12, 2016.
Submit Written Comments to: Scott Black, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, e-mail scott.black@k12.wa.us, fax (360) 586-3946, by September 8, 2016.
Assistance for Persons with Disabilities: Contact Kristin Murphy by September 1, 2016, TTY (360) 664-3631 or (360) 725-6133.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Legislation enacted in 2015 (sections 5026 and 5028, chapter 3, Laws of 2015) requires the OSPI to implement two pilot school construction grant programs during the 2015-17 biennium.
Reasons Supporting Proposal: OSPI's current school construction rules do not provide a process that would allow OSPI to timely or effectively award these grant funds during the biennium. New grant funding procedures are necessary to preserve the general welfare by allowing OSPI to proceed with the grants and distribution of funding to school districts in accordance with the legislature's intent.
Statutory Authority for Adoption: RCW 28A.525.020.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting and Implementation: Scott Black, P.O. Box 47200, Olympia, WA 98504-7200, (360) 725-6268; and Enforcement: Lorrell Noahr, P.O. Box 47200, Olympia, WA 98504-7200, (360) 725-6265.
No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required pursuant to RCW 19.85.030 (1)(a). The proposed rule making does not impose any costs on school districts.
A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.
July 28, 2016
Randy Dorn
State Superintendent
of Public Instruction
Chapter  392-900  WAC
PILOT GRANT PROGRAMS
STEM AND K-3 CLASS SIZE REDUCTION PILOT GRANT PROGRAMS ESTABLISHED IN THE 2015-17 WASHINGTON STATE CAPITAL BUDGET 2EHB 115.SL.
NEW SECTION
WAC 392-900-010 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 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.
NEW SECTION
WAC 392-900-020 Purpose.
The purpose of this chapter is to set forth provisions applicable to approval of STEM pilot project grants and K-3 class size reduction grants as provided for in sections 5026 and 5028, chapter 3, Laws of 2015 3rd sp. sess. (2EHB 1115 (2015)).
NEW SECTION
WAC 392-900-030 Eligibility.
Eligibility for school construction assistance program funding through the STEM grant program will be based on a school district's ability to demonstrate a lack of sufficient space for science classrooms and labs to enable students to meet Washington state graduation requirements. The STEM grant award will constitute the district's local funding for purposes of eligibility for the school construction assistance program under RCW 28A.525.166.
Eligibility for the K-3 class size reduction grant program will be based on a school district's ability to demonstrate a need for additional K-3 classrooms as outlined in chapter 41, Laws of 2015, 3rd sp. sess. (2ESSB 6080 (2015)), regardless of any available eligibility for school construction assistance program funding. The K-3 class size reduction grant award may not constitute local funding in the school construction assistance program under RCW 28A.525.166.
NEW SECTION
WAC 392-900-040 Funding assistance percentage.
(1) The state funding assistance percentage for the STEM pilot program is the computed state ratio defined in RCW 28A.525.166 plus twenty percent of the percent of district head count eligible and enrolled in the district's free and reduced school lunch program, plus the following additional percentage points:
(a) Ten for second class school districts;
(b) Ten for school districts with funding assistance percentages of more than fifty percent.
(2) The enhanced funding assistance percentage for the K-3 class size reduction grant program is the computed state ratio defined in RCW 28A.525.166 plus twenty percent of the percent of district head count eligible and enrolled in the free and reduced school lunch program.
NEW SECTION
WAC 392-900-050 Construction cost allocation (CCA).
The eligible construction cost in the STEM grant program shall be calculated by multiplying the approved square foot area of the projects as set forth in WAC 392-900-040 by the construction cost allocation as set forth in WAC 392-343-060.
NEW SECTION
WAC 392-900-060 Eligible square footage.
(1) Eligible area for STEM pilot projects is one thousand four hundred forty square feet per science lab or classroom combination, or both; and one thousand forty square feet per science classroom. The total eligible area per STEM project must not exceed fifteen thousand eight hundred forty.
(2) Additional square footage funded through the STEM grant program will be excluded from the school district's inventory of instructional space as defined in WAC 392-343-019 for determining eligibility for state assistance until the date of the final review of the latest study and survey of the affected school district following acceptance of the project by the school district board of directors, or for a period of five years, whichever is earliest.
(3) Additional square footage funded through the K-3 class size reduction grant program becomes part of a school district's inventory of instructional space for determining eligibility as defined in WAC 392-343-019 and shall be ineligible for state funding assistance for modernization for thirty years as described in WAC 392-347-015(4).
(4) Districts receiving funding through the STEM and class size reduction grants may modernize facilities that were previously closed pursuant to WAC 392-347-042.
NEW SECTION
WAC 392-900-070 Process requirements.
(1) The following documents and information will be required to be submitted to the office of the superintendent of public instruction before STEM grant awards are finalized:
(a) New-in-lieu resolution (if applicable);
(b) Intent to construct board resolution;
(c) Five-year use/thirty-year life board resolution; and
(d) Certification letter from school district that any excess costs above STEM grant award and enhanced state assistance funding will be covered with local funding.
(2) Upon completion of all STEM projects, the following shall be submitted to the office of the superintendent of public instruction:
(a) Certified letter from architect verifying final square footage of project; and
(b) Final acceptance of completion board resolution.
(3) The following documents and information will be required to be submitted to the superintendent of public instruction before K-3 class size reduction grants awards are finalized:
(a) Five-year use/thirty-year life board resolution;
(b) Project assurances board resolution;
(c) Certification that the school district has authorized local funds to complete the project(s);
(d) Certification that the school district has an available site(s) for the project(s);
(e) Certification that additional classrooms will achieve progress towards the average class size objectives for the 2017-18 school year enumerated in RCW 28A.150.260 in effect as of October 31, 2014, and all-day kindergarten as funded pursuant to RCW 28A.150.315.
(4) Upon completion of all K-3 class size reduction grant projects, the following shall be submitted to the superintendent of public instruction:
(a) Name of school facility;
(b) Number of classrooms added, renovated or modernized;
(c) Gross square footage added, renovated or modernized;
(d) Total project budget amount (construction and soft costs);
(e) Final construction contract amount;
(f) Site plan;
(g) Floor plan(s);
(h) Area analysis;
(i) If applicable, high-performance scorecard and credit cost analysis (chapter 39.35D RCW);
(j) If applicable, high-performance ELCCA executive summary (chapter 39.35D RCW);
(k) If applicable, apprenticeship reporting documentation (RCW 39.04.320); and
(l) Final acceptance of completion board resolution.
NEW SECTION
WAC 392-900-080 State funded combination projects.
Eligible STEM grant projects that are undertaken in conjunction with another school construction assistance program project must follow all applicable requirements defined in chapters 392-342 through 392-347 WAC. State construction assistance funding and STEM grant awards for eligible area within the STEM grant project will be calculated separately in accordance with this chapter.
NEW SECTION
WAC 392-900-090 Waiver of rules to facilitate pilot grant programs.
Subject to factual determinations by the superintendent of public instruction, the provisions of chapters 392-341 through 392-347 WAC which supplement statutory requirements are hereby deemed waived to the extent any provision would prevent or delay the implementation of legislative allocations, grant programs or pilot grant programs.