Preproposal statement of inquiry was filed as WSR 98-06-007.

Title of Rule: Chapter 180-25 WAC, State assistance in providing school plant facilities--Preliminary provisions.

Purpose: To do one or more of the following, as deemed appropriate: Make technical adjustments, clarify existing provisions, repeal unnecessary wording, repeal provisions unsupported by rule-making authority, or provide greater flexibility or discretion to persons or entities subject to the rules.

Statutory Authority for Adoption: RCW 28A.525.020.

Summary: See Purpose above.

Reasons Supporting Proposal: Amend to provide clarity and rewrite outdated wording; repeal sections that are no longer applicable.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, (360) 753-6715.

Name of Proponent: State Board of Education.

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

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal Changes the Following Existing Rules: Technical corrections - 3; repeals - 2; paperwork reductions - 1; clarifications - 2; authority transfers (local control) - 0; new sections - 0; and additional requirements - 0.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

RCW 34.05.328 does not apply to this rule adoption. Not applicable.

Hearing Location: Center for Education Leadership, 2921 Falk Road, Vancouver, WA 98661, on August 19, 1998, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Patty Martin by August 5, 1998, TDD (360) 664-3631, or (360) 753-6715.

Submit Written Comments to: Rules Coordinator, State Board of Education, P.O. Box 47206, Olympia, WA 98504-7206, fax (360) 586-2357, by August 12, 1998.

Date of Intended Adoption: August 20, 1998.

July 1, 1998

Larry Davis

Executive Director

AMENDATORY SECTION (Amending WSR 90-17-009, filed 8/6/90, effective 9/6/90)

WAC 180-25-005  Authority. This chapter is adopted pursuant to RCW ((28A.525.200)) 28A.525.020 which authorizes the state board of education to prescribe rules and regulations governing the administration, control, terms, conditions, and disbursements of moneys 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 assistance for school facilities are RCW 28A.525.030, 28A.525.040, 28A.525.050, 28A.525.162 through 28A.525.178.

[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.]

AMENDATORY SECTION (Amending WSR 91-12-058, filed 6/5/91, effective 7/6/91)

WAC 180-25-025  State 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) 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 from data as to whether the district is eligible to receive funds from the state board of education for the construction and/or modernization of its school facilities: Provided, That modernization requests included in a project application for any building that was accepted by the school district board of directors after January 1, 1993, shall be subject to the limitations on basic state assistance as determined in chapter 180-33 WAC;

(11) A determination of the amount of space and the estimated state financial assistance the district is eligible to receive;

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

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

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

(((15))) (13) Such other matters as the superintendent of public instruction deems pertinent to a decision by the state board of education 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 assistance in school facility construction.

[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.]

AMENDATORY SECTION (Amending Order 24-85, filed 11/27/85)

WAC 180-25-040  State study and survey--State board of education approval or denial. Upon receipt of a request for one or more project approvals and after review of the state study and survey, together with recommendations and comments, the state board of education shall in accordance with WAC 180-25-045 take one of the following actions:

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

(2) Grant approval of state assistance for the construction and/or modernization of school facilities by authorizing the maximum area allowance eligible for state financial 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 the state board of education has approved or denied eligibility for additional state assistance pursuant to WAC 180-27-115 for one or more approved school plant projects or whether such decision by the state board of education 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 at a subsequent state board of education meeting. ((Such)) Upon receipt of the state board of education approval, the school district is authorized to prepare educational specifications pursuant to chapter 180-26 WAC. Project approval ((for projects approved after September 30, 1985,)) shall ((be)) become null and void ((after)) one year from the date of state board action ((by the state board of education)) unless the district ((complies with each of the following)):

(a) Obtains local capital funds to provide the districts share of the estimated cost;

(b) Completes the ((development of)) educational specifications pursuant to chapter 180-26 WAC; and

(c) Selects a site ((and receives approval)) pursuant to chapter 180-26 WAC.

[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.]

AMENDATORY SECTION (Amending Order 7-85, filed 4/17/85)

WAC 180-25-045  Approval criteria for state assistance. The state board of education shall ((grant approval of)) conditionally agree to state 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 180-27 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: 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 180-31 WAC, interdistrict transportation cooperatives authorized by chapter 180-32 WAC, and modernization and new construction authorized by chapter 180-33 WAC.

[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.]

AMENDATORY SECTION (Amending Order 24-85, filed 11/27/85)

WAC 180-25-055  Conditions applicable to district's authority to proceed. The authorization by the state board of education pursuant to WAC ((180-25-050)) 180-25-040 for the district to proceed for particular school facilities is subject to the conditions of WAC 180-29-107. Therefore, districts receiving approval by the state board of education pursuant to WAC 180-25-040 are on notice that until approval is granted pursuant to WAC 180-29-107 (i.e., the issuance of an appropriate SPI form by the superintendent of public instruction) the particular school facilities do not have secured funding status.

[Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-25-055, filed 11/27/85; 85-09-059 (Order 7-85), § 180-25-055, filed 4/17/85.]

AMENDATORY SECTION (Amending WSR 90-01-075, filed 12/19/89, effective 12/19/89)

WAC 180-25-070  Eligibility for state assistance for new construction--Survey of ((available and suitable)) accessible unused or underutilized school ((plant)) facilities in contiguous school districts. A school district applying for state assistance for new construction shall conduct a documented survey of ((available and suitable)) accessible unused or underutilized school ((plant)) facilities in each contiguous school district ((that meet the needs of the applicant school district and are either currently vacant or scheduled for vacation within the foreseeable future)).

[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.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 180-25-031 Special state study and surveys--Additional state assistance.

WAC 180-25-050 District authority to proceed.