WSR 98-19-145
PERMANENT RULES
STATE BOARD OF EDUCATION
[Filed September 23, 1998, 11:45 a.m.]
Date of Adoption: August 20, 1998.
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.
Citation of Existing Rules Affected by this Order: Repealing WAC 180-32-055; and amending WAC 180-32-005, 180-32-020, 180-32-025, 180-32-035, 180-32-040, and 180-32-050.
Statutory Authority for Adoption: RCW 28A.525.020.
Adopted under notice filed as WSR 98-14-151 on July 1, 1998.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 6, repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 6, repealed 1.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 6, repealed 1.
Effective Date of Rule: Thirty-one days after filing.
August 20, 1998
Larry Davis
Executive Director
OTS-2302.2
AMENDATORY SECTION (Amending WSR 90-17-009, filed 8/6/90, effective 9/6/90)
WAC 180-32-005 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, and 28A.525.162 through 28A.525.178.
[Statutory Authority: 1990 c 33. 90-17-009, § 180-32-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), § 180-32-005, filed 10/17/83.]
AMENDATORY SECTION (Amending Order 15-83, filed 10/17/83)
WAC 180-32-020 Interdistrict transportation cooperative--Cooperative plan subject to state board of education approval.
Any financial plan for construction of an interdistrict
transportation cooperative((, whether or not)) utilizing state
((funds are involved)) moneys in the financing of the proposed
project, shall ((be approved)) require approval by the state
board of education prior to implementing the provisions of such
plan. State board of education approval is only required for
projects utilizing state moneys.
[Statutory Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), § 180-32-020, filed 10/17/83.]
AMENDATORY SECTION (Amending Order 15-83, filed 10/17/83)
WAC 180-32-025 Application provisions. ((The)) For
projects utilizing state moneys, the host school district shall
submit a written application to the superintendent of public
instruction which shall include but not be limited to the
following documents and data:
(1) A joint resolution by the board of directors of all participating school districts which shall:
(a) Confer contractual authority and subsequent ownership on the board of directors in which jurisdiction the facility is to be located or, in the event of modernization, in which jurisdiction the facility is located (host district);
(b) Designate such board of directors as the legal applicant; and
(c) A copy of the official record of the board of directors of each participating school district indicating that the resolution has been formally adopted.
(2) Copy of contract(s) between districts prepared in accordance with chapter 180-31 WAC.
(3) A written description of services to be offered in the proposed interdistrict transportation cooperative, including number of districts involved and whether or not cooperating members are participating districts or contract districts; the number of buses from each participating and contract district to be serviced, and number of bus miles traveled per year for each participating and contract district.
(4) A description of the proposed project including square footage and the estimated cost of construction including professional services, sales tax, site costs, and site development.
(5) An area map indicating location of the facility in relationship to the participating and contract school districts.
(6) A statement certifying that a separate account has been established into which participating districts make deposits in order to pay for all future minor repair and renovation costs.
[Statutory Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), § 180-32-025, filed 10/17/83.]
AMENDATORY SECTION (Amending Order 15-83, filed 10/17/83)
WAC 180-32-035 Approval--State board of education. Approval by the superintendent of public instruction of services to be offered in the proposed interdistrict transportation cooperative and the proposed district administration of such program or services shall be a prerequisite for approval by the state board of education of an interdistrict cooperative financial plan for construction of new facilities or modernization of existing facilities when state moneys are provided.
[Statutory Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), § 180-32-035, filed 10/17/83.]
AMENDATORY SECTION (Amending Order 15-83, filed 10/17/83)
WAC 180-32-040 Dissolution provisions. (1) Procedures for the dissolution of the operation of interdistrict cooperatives under an interdistrict cooperative agreement shall not be instituted prior to the expiration of ten years after the date of state board of education approval of the financial plan for the construction of such school facilities when such facilities were constructed with state moneys: Provided, That a request for dissolution prior to the expiration of ten years may be approved when in the judgment of the state board of education there is substantiation of sufficient cause therefor.
(2) Any plan for dissolution as described in subsection (1) of this section shall be submitted to the state board of education for review and written approval prior to proceeding with dissolution action.
[Statutory Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), § 180-32-040, filed 10/17/83.]
AMENDATORY SECTION (Amending Order 15-83, filed 10/17/83)
WAC 180-32-050 Site ((conditions--Acceptance criteria))
review and evaluation. The superintendent of public instruction
together with the proposing district(s) shall conduct an on-site
review and evaluation of ((a proposed site and shall accept a
site that meets the following conditions)) sites for new and
existing state assisted projects. In selecting sites, the
district(s) should assure that:
(1) The property upon which the facility is or will be
located is free and clear of all encumbrances that would
detrimentally interfere with the construction and operation or
useful life of the ((interdistrict transportation cooperative))
facility.
(2) The ((minimum acreage of type one shall be seven acres;
type two, five acres, and type three, three acres)) site is of
sufficient size to meet the needs of the facility.
(3) ((The applicant 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
cooperative)).
(4) ((The on-site review by the superintendent of public
instruction has determined that:
(a))) The site accessibility is convenient and efficient for
participating and contract school districts with the least amount
of disturbance to the area in which it is located((; and)).
(((b))) (5) The site topography is conducive to desired site
development.
(((5) The site has been approved by the following agencies:
(a) The health agency having jurisdiction;
(b) The local planning commission or authority; and
(c) The state department of ecology.)) (6) A site review or
predesign conference has been conducted with all local code
agencies in order to determine design constraints.
[Statutory Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), § 180-32-050, filed 10/17/83.]
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 180-32-055 Site nonacceptance by superintendent of public instruction--Appeal to state board of education.