WSR 98-19-135
PROPOSED RULES
STATE BOARD OF EDUCATION
[Filed September 23, 1998, 11:33 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-16-095.
Title of Rule: WAC 180-27-056 Funding during the period of a priority approval process order by State Board of Education.
Purpose: The existing rule limits release of state funds for school construction to a revenue formula based on fund balance. The proposed rule amendment would allow the calculation to be based on a cash balance which would allow a higher release amount.
Statutory Authority for Adoption: RCW 28A.525.020.
Summary: Adopting the proposed rule change will allow the state board to release funds based on cash balance which is in line with capital budget proviso language. This allows more funds to be distributed to school districts than under the current rule.
Reasons Supporting Proposal: Calculations of matching fund release will be in accordance with capital budget conditions.
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: The existing rule limits release of state funds for school construction to a revenue formula based on fund balance. The proposed rule amendment would allow the calculation to be based on a cash balance which would allow a higher release amount.
Proposal Changes the Following Existing Rules: Adopting the proposed rule change will allow the state board to release funds based on cash balance which is in line with capital budget proviso language. This allows more funds to be distributed to school districts than under the current rule.
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.
Hearing Location: Oak Harbor School District, 200 S.E. Midway Boulevard, Oak Harbor, WA 98277-5015, on October 29, 1998, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Patty Martin by October 14, 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 October 22, 1998.
Date of Intended Adoption: October 30, 1998.
September 18, 1998
Larry Davis
Executive Director
OTS-2398.1
AMENDATORY SECTION (Amending WSR 92-16-058, filed 8/3/92, effective 9/3/92)
WAC 180-27-056 Funding during the period of a priority approval process order by state board of education. During the period of a priority approval process imposed by order of the state board of education school construction projects shall receive final approval pursuant to WAC 180-29-107 as follows:
(1) On or after July 1 following the state board of education order for the implementation of a priority approval process the superintendent of public instruction shall rank all projects for which final approval has been requested pursuant to WAC 180-29-107 as per the applicable priority list in WAC 180-27-058 or 180-27-500. Only school construction projects with state board of education approval under WAC 180-25-045 and secured local capital funds by December 31 of the previous state fiscal year and eligible for final approval pursuant to WAC 180-29-107 by June 30 of the previous state fiscal year shall be placed on that priority list: Provided, That for the state fiscal year beginning July 1, 1992, the December 31, 1991, cutoff date is extended to March 27, 1992.
(2) ((Based on a ceiling of one and one-half times the
amount of the estimated revenue available for the state fiscal year plus fund balance for
the state fiscal year minus outstanding encumbrances for the state fiscal year or as close
thereto as is reasonably practical,)) Each fiscal year the superintendent
of public instruction shall give final approval ((pursuant to WAC 180-29-107
during the state fiscal year)) to school construction projects on the priority
list pursuant to WAC 180-29-107 based on the level and conditions of legislative
appropriations. For the purpose of this subsection the term "estimated revenue
available for the state fiscal year" shall mean the estimated revenue from the common
school construction fund for the current state fiscal year and the subsequent state fiscal
year, the result of which is divided by two.
(3) In the event the state board of education does not rescind the order for the implementation of a priority approval process by the close of the state fiscal year, school construction projects remaining on the priority list without final approval and, therefore, without secured funding status pursuant to WAC 180-29-107 shall be combined with new school construction projects that have secured local capital funds by December 31 of the state fiscal year and that are eligible, pursuant to WAC 180-29-107, for final approval by the close of the state fiscal year, and a new priority list shall be established on or after July 1 of the next state fiscal year and such remaining and new school construction projects shall be eligible for final approval pursuant to the provisions of subsections (1) and (2) of this section.
[Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). 92-16-058, § 180-27-056, filed 8/3/92, effective 9/3/92. Statutory Authority: RCW 28A.47.830. 85-04-008 (Order 2-85), § 180-27-056, filed 1/25/85.]