WSR 98-05-002

PERMANENT RULES

STATE BOARD OF EDUCATION

[Filed February 4, 1998, 3:43 p.m.]

Date of Adoption: January 29, 1998.

Purpose: To clarify existing provisions, repeal unnecessary wording, and provide greater flexibility to school districts.

Citation of Existing Rules Affected by this Order: Repealing WAC 180-34-015, 180-34-020 and 180-34-025; and amending WAC 180-34-010.

Statutory Authority for Adoption: RCW 28A.335.120(7).

Adopted under notice filed as WSR 98-01-194 on December 23, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 1, repealed 3.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 3.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 1, repealed 3.

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

February 4, 1998

Larry Davis

Executive Director

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

WAC 180-34-010 General conditions. When in the judgment of the board of directors of a school district a greater amount may be received for surplus real property and the sale facilitated by selling pursuant to a real estate sales contract, the board of directors may do so ((consistent with the provisions of this chapter. Any school district that sells real property pursuant to a real estate sales contract shall have the proposed contract approved in advance by the county prosecuting attorney or a private attorney as to legal propriety and compliance with (1) the laws of the state of Washington including, but not limited to, RCW 28A.335.120 and (2) the provisions of this chapter)) on such terms and conditions as the directors judge in consultation with their legal counsel to be lawful and in the best interests of the school district. Note: The rental or lease value of the property, and state constitutional limitations on gifts (Article 8, subsections 5 and 7), may have a bearing on the minimum annual payment a district may agree to.

[Statutory Authority: 1990 c 33. 90-17-009, 180-34-010, filed 8/6/90, effective 9/6/90; Order 3-76, 180-34-010, filed 3/23/76.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 180-34-015 Payments--Interest--Duration.

WAC 180-34-020 Down payment.