STATE BOARD OF EDUCATION
[Filed September 23, 1998, 11:37 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 180-33-043; and amending WAC 180-33-005, 180-33-040, and 180-33-042.
Statutory Authority for Adoption: RCW 28A.525.020.
Adopted under notice filed as WSR 98-14-144 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 3, repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 3, repealed 1.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 3, repealed 1.
Effective Date of Rule: Thirty-one days after filing.
August 20, 1998
AMENDATORY SECTION (Amending WSR 90-17-009, filed 8/6/90, effective 9/6/90)
WAC 180-33-005 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, and 28A.525.162 through 28A.525.178.
[Statutory Authority: 1990 c 33. 90-17-009, § 180-33-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-071 (Order 16-83), § 180-33-005, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), § 180-33-005, filed 12/1/81.]
AMENDATORY SECTION (Amending Order 16-83, filed 10/17/83)
WAC 180-33-040 Maximum costs eligible for state matching
purposes--Eighty percent of replacement cost. ((
The cost of an
approved modernization project in excess of eighty percent of the
estimated cost of replacement with a comparable school facility
computed on the basis of the prevailing square foot cost level of
state support as in chapter 180-27 WAC set forth shall be paid
from school district local funds in excess of such local funds
applied toward the modernization cost in accordance with the
statutory formula and state board of education regulations
governing basic support level as in chapter 180-27 WAC set
forth.)) State assistance for modernization projects shall not
exceed eighty percent of the cost of new construction of a
comparable school facility based on the prevailing level of state
support as defined in chapter 180-27 WAC. Costs exceeding eighty
percent shall be paid by the local district.
[Statutory Authority: RCW 28A.47.830. 83-21-071 (Order 16-83), § 180-33-040, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), § 180-33-040, filed 12/1/81.]
AMENDATORY SECTION (Amending WSR 93-20-066, filed 10/1/93, effective 11/1/93)
WAC 180-33-042 Replacement option. A district with space eligible for modernization pursuant to WAC 180-33-015 and 180-33-025 may elect to replace such space through new construction in lieu of modernization. In such case, the district shall apply for a new school facility in accordance with applicable rules and regulations pertaining to new school plant facilities and the local board shall certify that after the new construction is finally completed:
(1) The existing building or space to be replaced will not be used for district instructional purposes; and
(2) The existing building or space will be ineligible for any future state financial assistance.
Further, if the existing building or space is subsequently
returned by the district to instructional purposes in whole or in
part, the district shall become ineligible for any state
construction financial assistance for a period of ten years from
the date that the executive director or the chief executive
officer of the state board notifies the board during the course
of an open public meeting or sends written notice to members of
the board of the return of the building in whole or in part to
instructional purposes. ((
Except as otherwise provided in WAC
180-33-043,)) Districts exercising this election shall be limited
in state assistance to the provision of WAC 180-33-040. In the
event the district elects to replace a facility and construct a
new facility with more space than the facility being replaced,
the additional space, in order to be eligible for state
assistance shall meet the eligibility requirements for new
construction or the new construction component requirement of WAC
180-33-015 (1)(c): Provided, That no new construction in lieu of
modernization project may qualify for additional state assistance
pursuant to WAC 180-27-115 unless the facility being replaced
would have qualified pursuant to such section for additional
state assistance as a modernization project.
[Statutory Authority: RCW 28A.525.020 and 1993 sp.s. c 22 § 708(5). 93-20-066, § 180-33-042, filed 10/1/93, effective 11/1/93. Statutory Authority: RCW 28A.47.830. 85-09-060 (Order 8-85), § 180-33-042, filed 4/17/85.]
The following section of the Washington Administrative Code is repealed:
WAC 180-33-043 Exceptions to prospective application of WAC 180-33-040.