Preproposal statement of inquiry was filed as WSR 98-06-006.

Title of Rule: Chapter 180-26 WAC, State assistance in providing school plant facilities--Educational specifications and site selection.

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Reasons Supporting Proposal: Amend to provide clarity and rewrite outdated wording; repeal sections that are no longer applicable.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 - 1; repeals - 2; paperwork reductions - 1; clarifications - 1; authority transfers (local control) - 2; 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 180-26-005  Authority. This chapter is adopted pursuant to RCW ((28A.525.200)) 28A.525.020 relating to authority of the state board of education 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 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: 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.]

AMENDATORY SECTION (Amending Order 10-83, filed 10/17/83)

WAC 180-26-015  Educational specifications. (((1))) Prior to commencing the design phase, the school district shall ((cause to be prepared)) prepare educational specifications for the approved project. The educational specifications shall describe the educational activities that the proposed school facilities and grounds should support and the types of spaces and their relationships in order to accommodate program requirements.

(((2) One copy of the educational specifications document, approved by the district board of directors, shall be submitted to the superintendent of public instruction for review and comment. The review by the superintendent of public instruction shall be based on the components of educational specifications published by the superintendent of public instruction in the School Facilities Development Procedures Manual. The comments of the superintendent of public instruction shall be transmitted to the district board of directors for its review. The board of directors shall give consideration to the comments of the superintendent of public instruction but shall not be bound to adopt any of the recommendations or make any modification of its adopted educational specifications.

(3))) This section shall not be applicable to the construction of interdistrict transportation cooperatives or the additions to existing facilities of less than fifteen thousand square feet, unless combined with modernization.

[Statutory Authority: RCW 28A.47.830. 83-21-065 (Order 10-83), § 180-26-015, filed 10/17/83.]

AMENDATORY SECTION (Amending WSR 94-01-014, filed 12/3/93, effective 1/3/94)

WAC 180-26-020  Site ((conditions--Acceptance criteria)) review and evaluation. The superintendent of public instruction together with the school district shall conduct ((an on-site)) a review and evaluation of ((a proposed site in the case of new construction and an existing site in the case of modernization. The superintendent of public instruction shall accept a site that meets the following conditions)) sites for new and existing state assisted projects. In selecting sites for schools, a district shall consider the following:

(1) The ((school district provides certification by legal counsel retained by the district that 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 ((school)) facility;

(2) The site is of sufficient size to meet the needs of the facility. The minimum acreage of the site ((shall)) 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. ((In computing the minimum acreage of the site, the district may include public property in close proximity to the site if, as a matter of public policy the property is available for school purposes and the district is committed to using such facilities: Provided, That for sites having seventy percent or more but less than one-hundred percent of the usable acreage as required above, the superintendent of public instruction may grant a site size waiver when, as part of the on-site review and evaluation process, the district provides a mitigation plan and demonstrates that the requirements of (a) through (d) of this subsection have been met: Provided further,That)) A district considering the use of a site ((consisting of)) that is less than the recommended minimum usable acreage ((calculated as per the provisions of this subsection shall be approved by the state board of education if the district demonstrates the following)) should assure that:

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

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

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

(d) The physical education and recreational program((s on the school site are compatible with less than the minimum prescribed acreage)) requirements will be met.

(3) ((That the school district has contacted the)) A site review or predesign conference has been conducted with all appropriate local ((building authorities and requested a predesign conference)) code agencies in order to determine design constraints;

(4) ((The school district has retained the services of)) A geotechnical engineer ((for the purpose of conducting)) has conducted a limited subsurface investigation to gather basic information regarding potential foundation and subgrade performance ((and a report has been reviewed by the school district board of directors;

(5) The site has been approved by the following agencies:

(a) The health agency having jurisdiction;

(b) The local planning commission or authority having jurisdiction; and

(c) The state department of ecology or the local agency having jurisdiction for environmental approvals)).

[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.]

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

WAC 180-26-040  District authority to proceed. Upon completion of the educational specifications review and comment and the site ((approval)) review by the superintendent of public instruction as provided for in WAC 180-26-020 ((or state board of education as provided for in WAC 180-26-030)), the school district is authorized to proceed as follows:

(1) Commence with the design of the school facility in accordance with the district's educational specifications.

(2) Complete the energy conservation report pursuant to WAC 180-27-075.

(3) Complete a value engineering study pursuant to WAC 180-27-080.

[Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-26-040, filed 11/27/85; 83-21-065 (Order 10-83), § 180-26-040, filed 10/17/83.]

AMENDATORY SECTION (Amending WSR 91-20-151, filed 10/2/91, effective 11/2/91)

WAC 180-26-057  State board of education project commitment at preliminary funded status. ((Except as provided at WAC 180-26-058)) When preliminary funding status for a project is requested and granted pursuant to WAC 180-26-050, the state board of education commitment is limited to the eligibility of the project for state assistance, the eligible square footage, the maximum area cost allowance and the priority standing of the project as determined pursuant to the state building assistance rules in effect at ((the)) that time ((such preliminary funding status is granted)). This commitment is effective only for the initial one-year period set forth at WAC 180-26-060. The state board of education ((otherwise)) reserves the right to amend and/or repeal any rule(s) respecting state assistance in school building construction. Such rule changes may be made regardless of the ((negative and/or positive)) impact ((of such changes)) upon the eligibility of any project and/or the extent of eligibility of any project for state assistance.

[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.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 180-26-030 Site nonacceptance by superintendent of public instruction--Appeal to state board of education.

WAC 180-26-058 Suspension of state building assistance commitments pending adoption of new priority system for allocating state assistance.