Preproposal statement of inquiry was filed as WSR 98-06-002.

Title of Rule: Chapter 180-32 WAC, State assistance in providing school plant facilities--Interdistrict transportation cooperatives.

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Reasons Supporting Proposal: Amend to provide clarity and rewrite outdated wording; repeal sections that are no longer applicable.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 - 1; paperwork reductions - 0; clarifications - 4; authority transfers (local control) - 1; 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 180-32-005  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.