[Filed June 22, 2021, 9:30 a.m., effective July 23, 2021]

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

Purpose: The purpose of the rule changes is to apply lean management principles to the school facilities study and survey process as required by section 5015, chapter 413, Laws of 2019. Amending the rules by applying lean management principles is intended to ease the administrative process followed by school districts in conducting school facilities study and surveys.

The original CR-101 (WSR 21-02-084) identified both the study and survey process (chapters 392-341, 392-343, 392-347 WAC) and the "D-Forms" process (chapters 392-342 and 392-344 WAC) as possible subjects of rule making. However, for clarity, the "D-Forms" process will be addressed as a separate rule-making process. For the D-forms lean management rule-making process, the office of superintendent of public instruction filed a CR-01 on April 7, 2021, as WSR 21-08-086.

Citation of Rules Affected by this Order: Repealing WAC 392-341-060, 392-341-065, 392-341-070, 392-341-075, 392-341-080, 392-341-085 and 392-341-090; and amending WAC 392-341-025, 392-341-045, 392-341-200, 392-343-040, 392-343-075, 392-347-015, and 392-347-035.

Statutory Authority for Adoption: RCW 28A.525.020.

Adopted under notice filed as WSR 21-09-091 on April 21, 2021.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 7, Repealed 7.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 7, Repealed 7.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 22, 2021.

State Superintendent

of Public Instruction

AMENDATORY SECTION(Amending WSR 10-09-008, filed 4/8/10, effective 5/9/10)

WAC 392-341-025State study and survey—Content.

The study and survey to be conducted by the superintendent of public instruction with the cooperation of the local school district shall include the following:

(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))), including a discussion of the need for adjustments of school attendance areas within the district, and supplemented by the following information:

(a) Demographic data including population projections and projected economic growth and development. OSPI shall provide projected enrollment based on most recent October enrollments. District shall provide most recent October enrollments of developmentally disabled students;

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

(((5)))(c) The existence of a school housing emergency as defined by RCW 28A.525.166 (5)(a);

(((6)))(d) The need to improve racial balance and/or to avoid creation or aggravation of racial imbalance: OSPI shall provide diversity report based on most recent October enrollments and enrollment data reported by district;

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

(((8)))(f) 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)))(g) A determination of the district's time line for completion of the school facilities project(s); and

(((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)))(3) Such other matters as the superintendent of public instruction deems pertinent to decision making in the allocation of funds for school facilities, or that the applicant district deems relevant. 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.

AMENDATORY SECTION(Amending WSR 10-09-008, filed 4/8/10, effective 5/9/10)

WAC 392-341-045Approval criteria for state funding assistance.

The superintendent of public instruction shall conditionally agree to state funding assistance for a school facility or facilities for a school district that demonstrates the following:

(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 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-in-lieu of modernization construction authorized by chapter 392-347 WAC.

AMENDATORY SECTION(Amending WSR 10-09-008, filed 4/8/10, effective 5/9/10)

WAC 392-341-200Applications and forms.

Applications and forms applicable to provisions of this chapter for school facilities shall be as follows:

(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))OSPI D-1 Application.

(2) State planning grants to districts pursuant to WAC 392-341-030 shall be awarded to such districts through ((SPI))OSPI D-2 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))OSPI D-3 Application.

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

The following sections of the Washington Administrative Code are repealed:

Eligibility for state funding assistance for new construction—Definition—Contiguous school district.

Eligibility for state funding assistance for new construction—Definition—Negotiate in good faith.

Eligibility for state funding assistance for new construction—Survey of suitable school facilities in contiguous school districts that are unused or underutilized.

Eligibility for state funding assistance for new construction—Contents of survey.

Eligibility for state funding assistance for new construction—Application to superintendent of public instruction—Necessary documentation.

Eligibility for state funding assistance for new construction—Review of survey of available and suitable school plant facilities in contiguous school districts.

Eligibility for state funding assistance for new construction—Approval by the superintendent of public instruction of applicant's school district certification.

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

WAC 392-343-040Square foot area analysis.

The square foot area analysis, when submitted for review by the superintendent of public instruction shall be calculated in accordance with ((the American Institute of Architects, Document D101, The Architectural Area and Volume of Buildings, latest edition, except for the following areas which shall not be counted:

(1) Exterior covered walkways, cantilevered or supported;

(2) Exterior porches, including loading platforms; and

(3) Spaces above occupied areas which are either vacant or primarily housing mechanical and/or electrical equipment))WAC 392-343-019.

The analysis shall be reported on a form prepared by the superintendent of public instruction.

AMENDATORY SECTION(Amending WSR 10-09-008, filed 4/8/10, effective 5/9/10)

WAC 392-343-075Energy conservation report.

In compliance with the provisions of chapter 39.35 RCW, school districts constructing school facilities shall complete an energy conservation report for any new construction or for additions to and modernization of existing school facilities, which will be reviewed ((by the Washington state department of general administration))in accordance with chapter 39.35 RCW, and approved by the school district board of directors. One copy of the executive summary of said approved energy conservation report((, approved by the district board of directors,)) shall be filed with the office of the superintendent of public instruction. The amount of state funding assistance for which a district is eligible for the preparation of the energy conservation report shall be the state funding assistance percentage multiplied ((by ten thousand dollars. The amount of state funding assistance for which a district is eligible shall be the state funding assistance percentage multiplied)) by the fee charged, up to a maximum of the state funding assistance percentage multiplied by ten thousand dollars.

AMENDATORY SECTION(Amending WSR 10-09-008, filed 4/8/10, effective 5/9/10)

WAC 392-347-015Eligibility for state funding assistance.

(1) In order to be eligible for state funding assistance, a modernization project shall have as its principal purpose one or more of the following:

(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 funding assistance, such a project shall result in additional space for at least ((100))one hundred additional pupils and the following enrollment in any combined facility:

(i) Elementary school facility—((500))Five hundred pupils;

(ii) Middle or junior high school facility—((700))Seven hundred pupils;

(iii) Senior high school facility—((850))Eight hundred fifty pupils:

Provided, That modernization projects in school districts with a high school enrollment of less than ((850))eight hundred fifty pupils need not comply with the enrollment figures set forth above: Provided further, That unless the district demonstrates the existence of unhoused students, state 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))thirty 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)))(b) Modernize a facility or any section thereof which has been constructed within the previous twenty years;

(((d)))(c) 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))(d) 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.

AMENDATORY SECTION(Amending WSR 10-09-008, filed 4/8/10, effective 5/9/10)

WAC 392-347-035Minimum project—Forty percent of replacement costs.

(1) State funding assistance in modernization of school facilities shall be limited to projects which may include an entire facility or one or more complete buildings within a facility for which the estimated cost of major structural change is not less than forty percent of the estimated cost of replacement. ((The estimated cost of major structural change shall not include the estimated capital costs associated with restoring building systems or subsystems due to deterioration as determined in the study and survey to be caused by deferred maintenance.)) The estimated cost of replacement shall be derived from multiplication of the total square foot area of the facility or facilities proposed for modernization by the construction cost allocation for the fiscal year funded as in WAC 392-343-045 set forth.

(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 construction cost allocation that might cause prior approved projects expecting state funding assistance to become disqualified for such assistance.

WAC 392-341-060	Eligibility for state funding assistance for new construction—Definition—Contiguous school district.
WAC 392-341-065	Eligibility for state funding assistance for new construction—Definition—Negotiate in good faith.
WAC 392-341-070	Eligibility for state funding assistance for new construction—Survey of suitable school facilities in contiguous school districts that are unused or underutilized.
WAC 392-341-075	Eligibility for state funding assistance for new construction—Contents of survey.
WAC 392-341-080	Eligibility for state funding assistance for new construction—Application to superintendent of public instruction—Necessary documentation.
WAC 392-341-085	Eligibility for state funding assistance for new construction—Review of survey of available and suitable school plant facilities in contiguous school districts.
WAC 392-341-090	Eligibility for state funding assistance for new construction—Approval by the superintendent of public instruction of applicant's school district certification.