Title of Rule and Other Identifying Information: Chapter 180-25 WAC, State assistance in providing school plant facilities -- Preliminary provisions; chapter 180-26 WAC, State assistance in providing school plant facilities -- Educational specifications and site selection; chapter 180-27 WAC, State assistance in providing school plant facilities -- Basic state support; and chapter 180-29 WAC, State assistance in providing school plant facilities -- Procedural regulations.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The statutory authority to adopt rules governing state assistance in providing school plant facilities to school districts was transferred from the Washington state board of education (SBE) to the office of superintendent of public instruction (OSPI) by legislation passed during the 2006 legislative session (E2SHB 3098, sections 301 through 335).

     The proposed amendatory changes to the WAC chapters referenced above serve only to indicate the transfer of authority from the SBE to the OSPI and will not result in any changes to the existing requirements under the amended chapters or chapters referenced therein.

     Reasons Supporting Proposal: E2SHB 3098, sections 301 - 335.

     Statutory Authority for Adoption: RCW 28A.525.020.

     Statute Being Implemented: E2SHB 3098, sections 301 - 335.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Superintendent of public instruction, school facilities and organization, governmental.

     Name of Agency Personnel Responsible for Drafting: Charles Schreck, Director, Office of Professional Practices, Office of Superintendent of Public Instruction, (360) 725-6130; Implementation: Marty Daybell, Deputy Superintendent, General Administration and Operations, Office of Superintendent of Public Instruction, (360) 725-6002; and Enforcement: William T. Panos, Director, School Facilities and Organization, Office of Superintendent of Public Instruction, (360) 725-6261.

May 24, 2006

Dr. Terry Bergeson

Superintendent

OTS-8896.1

AMENDATORY SECTION(Amending WSR 98-19-139, filed 9/23/98, effective 10/24/98)

WAC 180-25-005   Authority.   This chapter is adopted pursuant to RCW 28A.525.020 which authorizes the ((state board of education)) superintendent of public instruction 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, 28A.525.162 through 28A.525.178.

[Statutory Authority: RCW 28A.525.020. 98-19-139, § 180-25-005, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990 c 33. 90-17-009, § 180-25-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-064 (Order 9-83), § 180-25-005, filed 10/17/83.]

     (2) At the request of school district officials, the superintendent of public instruction or her/his designee shall factually determine on a case-by-case basis which provisions would prevent or delay the implementation of alternative public works contracting procedures, and advise officials in writing of the extent to which one or more provisions of chapters ((180-25)) 392-341 through ((180-33)) 392-347 WAC are hereby deemed to have been waived.

[Statutory Authority: RCW 28A.525.020. 01-08-040, § 180-25-012, filed 3/30/01, effective 4/30/01.]

[Statutory Authority: 1990 c 33. 90-17-009, § 180-25-015, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-064 (Order 9-83), § 180-25-015, filed 10/17/83.]

[Statutory Authority: RCW 28A.47.830. 83-21-064 (Order 9-83), § 180-25-020, filed 10/17/83.]

     (1) An inventory and area analysis of existing school facilities within the district, a description of the types and kinds of systems and subsystems used in those facilities and their physical condition;

     (2) A long-range (i.e., minimum of six years) educational and facilities plan setting forth the projected facility needs and priorities of the district based on the educational plan;

     (3) Demographic data including population projections and projected economic growth and development;

     (4) The ability of such district to provide capital funds by local effort;

     (5) The existence of a school housing emergency;

     (6) The need to improve racial balance and/or to avoid creation or aggravation of racial imbalance;

     (7) The type and extent of new and/or additions to existing school facilities required and the urgency of need for such facilities;

     (8) A cost/benefit analysis on the need to modernize and/or replace existing school facilities in order to meet current educational needs and the current state building code;

     (9) The need and the estimated capital cost to restore, to design specifications, the major systems and subsystems in the facilities that have deteriorated due to deferred maintenance.

     (10) A determination of the district's time line for completion of the school facilities project;

     (11) An inventory of accessible unused or underutilized school facilities in neighboring school districts and the physical condition of such school facilities;

     (12) The need for adjustments of school attendance areas among or within such districts; and

     (13) Such other matters as the superintendent of public instruction deems pertinent to ((a)) decision ((by the state board of education)) making in the allocation of funds for school facilities. Cooperation by the applicant school district in conducting the study and survey is a requisite for the superintendent of public instruction to complete the study and survey and to establish the eligibility of the district for state assistance in school facility construction.

[Statutory Authority: RCW 28A.525.020. 98-19-139, § 180-25-025, filed 9/23/98, effective 10/24/98. Statutory Authority: [RCW 28A.525.020.] 91-12-058, § 180-25-025, filed 6/5/91, effective 7/6/91. Statutory Authority: RCW 28A.47.803, 28A.47.060, 28A.47.802 and 28A.47.105. 90-04-031, § 180-25-025, filed 1/30/90, effective 3/2/90. Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-25-025, filed 11/27/85; 83-21-064 (Order 9-83), § 180-25-025, filed 10/17/83.]

Headcount Enrollment Categories

Enrollment of 1 to 500—Minimum grant plus square footage allocation

Enrollment of 501 to 3,000—Minimum grant plus square footage allocation

Enrollment of 3,001 to 10,000—Minimum grant plus square footage allocation

Enrollment of above 10,000—Minimum grant plus square footage allocation

     The dollar amount for the minimum grants and the square footage allocations for these categories shall be established annually by the ((state board of education)) superintendent of public instruction.

[Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). 92-16-058, § 180-25-030, filed 8/3/92, effective 9/3/92. Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-25-030, filed 11/27/85; 83-21-064 (Order 9-83), § 180-25-030, filed 10/17/83.]

[Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-25-035, filed 11/27/85; 83-21-064 (Order 9-83), § 180-25-035, filed 10/17/83.]

[Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-25-037, filed 11/27/85.]

     (1) Deny approval of state assistance for the construction and/or modernization of school facilities; or

     (2) Grant approval of state assistance for the construction and/or modernization of school facilities by authorizing the maximum area allowance eligible for state financial assistance for each school plant project approved and for which the superintendent of public instruction shall issue an appropriate SPI form and state any conditions that may or may not be applicable including whether ((the state board of education has approved or denied)) eligibility was approved or denied for additional state assistance pursuant to WAC ((180-27-115)) 392-343-115 for one or more approved school plant projects or whether such decision ((by the state board of education)) for any approved school plant project has been deferred due to insufficient factual information for a determination or due to a request by the district to present the necessary factual information ((at a subsequent state board of education meeting)) to the superintendent of public instruction. Upon receipt of the ((state board of education)) superintendent of public instruction approval, the school district is authorized to prepare educational specifications pursuant to chapter ((180-26)) 392-342 WAC. Project approval shall become null and void one year from the date of ((state board)) the superintendent of public instruction action unless the district:

     (a) Obtains local capital funds to provide the districts share of the estimated cost;

     (b) Completes the educational specifications pursuant to chapter ((180-26)) 392-342 WAC; and

     (c) Selects a site pursuant to chapter ((180-26)) 392-342 WAC.

[Statutory Authority: RCW 28A.525.020. 98-19-139, § 180-25-040, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-25-040, filed 11/27/85; 85-09-059 (Order 7-85), § 180-25-040, filed 4/17/85; 83-21-064 (Order 9-83), § 180-25-040, filed 10/17/83.]

[Statutory Authority: RCW 28A.47.830. 86-04-065 (Order 1-86), § 180-25-043, filed 2/4/86.]

     (1) The existence of unhoused students which for the purpose of this section shall mean current or projected enrolled students who are in excess of the capacity calculated for existing facilities within the district pursuant to chapter ((180-27)) 392-343 WAC: Provided, That current or projected enrolled students shall not be designated as unhoused for a high school district of application which has a student enrollment of four hundred or less in grades nine through twelve, if the students involved or affected can be served without undue inconvenience in a neighboring school, or schools of larger size and the neighboring school district has indicated a willingness to serve, and has the capacity to house the applying district high school students; and

     (2) The ability of the district to provide any necessary capital funds by local effort: Provided, That the existence of unhoused students provision of subsection (1) of this section shall not be required for approval of the following school facilities projects: Interdistrict cooperative centers authorized by chapter ((180-31)) 392-345 WAC, interdistrict transportation cooperatives authorized by chapter ((180-32)) 392-346 WAC, and modernization and new construction authorized by chapter ((180-33)) 392-347 WAC.

[Statutory Authority: RCW 28A.525.020. 98-19-139, § 180-25-045, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 85-09-059 (Order 7-85), § 180-25-045, filed 4/17/85; 83-21-064 (Order 9-83), § 180-25-045, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 98-19-139, § 180-25-055, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-25-055, filed 11/27/85; 85-09-059 (Order 7-85), § 180-25-055, filed 4/17/85.]

     (1) A listing of contiguous school districts.

     (2) Name and title of each person contacted regarding availability of facilities.

     (3) A listing of available facilities including location.

[Statutory Authority: RCW 28A.47.803, 28A.47.060, 28A.47.802 and 28A.47.105. 90-01-075, § 180-25-075, filed 12/19/89, effective 12/19/89.]

     (1) A copy of the survey conducted pursuant to WAC ((180-25-070)) 392-341-070.

     (2) A board resolution certifying one of the following:

     (a) No suitable space is available in any contiguous district;

     (b) Space is available in a contiguous district but the facilities do not meet needs of the applicant district. The applicant district shall provide substantial evidence to support the unsuitability of the available facility;

     (c) Space is available in a contiguous district but good faith negotiations did not lead to an agreement between the applicant district and the district containing the available facility. The applicant district shall provide substantial evidence to support the lack of lease agreement including a history of the negotiations and proposed offers by each district.

     (3) Other information deemed pertinent by the applicant district.

[Statutory Authority: RCW 28A.47.803, 28A.47.060, 28A.47.802 and 28A.47.105. 90-01-075, § 180-25-080, filed 12/19/89, effective 12/19/89.]

[Statutory Authority: RCW 28A.47.803, 28A.47.060, 28A.47.802 and 28A.47.105. 90-01-075, § 180-25-085, filed 12/19/89, effective 12/19/89.]

[Statutory Authority: RCW 28A.47.803, 28A.47.060, 28A.47.802 and 28A.47.105. 90-01-075, § 180-25-090, filed 12/19/89, effective 12/19/89.]

     (1) Applications for a state study and survey by a district pursuant to WAC ((180-25-020)) 392-341-020 shall be designated as SPI Form D-1.

     (2) Planning grants to districts pursuant to WAC ((180-25-030)) 392-341-030 shall be awarded to such districts through SPI Form D-2.

     (3) Applications for approval of a school project by a district pursuant to WAC ((180-25-040)) 392-341-040 shall be designated as SPI Form D-3.

     (4) Project approval for districts pursuant to WAC ((180-25-040)) 392-341-040 shall be awarded to such district through SPI Form D-4.

[Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-25-200, filed 11/27/85.]

     The following chapter of the Washington Administrative Code is decodified as follows:

Old WAC Number	New WAC Number
WAC 180-25-005	WAC 392-341-005
WAC 180-25-010	WAC 392-341-010
WAC 180-25-012	WAC 392-341-012
WAC 180-25-015	WAC 392-341-015
WAC 180-25-020	WAC 392-341-020
WAC 180-25-025	WAC 392-341-025
WAC 180-25-030	WAC 392-341-030
WAC 180-25-035	WAC 392-341-035
WAC 180-25-037	WAC 392-341-037
WAC 180-25-040	WAC 392-341-040
WAC 180-25-043	WAC 392-341-043
WAC 180-25-045	WAC 392-341-045
WAC 180-25-055	WAC 392-341-055
WAC 180-25-060	WAC 392-341-060
WAC 180-25-065	WAC 392-341-065
WAC 180-25-070	WAC 392-341-070
WAC 180-25-075	WAC 392-341-075
WAC 180-25-080	WAC 392-341-080
WAC 180-25-085	WAC 392-341-085
WAC 180-25-090	WAC 392-341-090
WAC 180-25-200	WAC 392-341-200

OTS-8897.1

AMENDATORY SECTION(Amending WSR 98-19-140, filed 9/23/98, effective 10/24/98)

WAC 180-26-005   Authority.   This chapter is adopted pursuant to RCW 28A.525.020 relating to authority of the ((state board of education)) superintendent of public instruction to prescribe rules and regulations governing the administration, control, terms, conditions, and disbursements of allocations 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: RCW 28A.525.020. 98-19-140, § 180-26-005, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990 c 33. 90-17-009, § 180-26-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-065 (Order 10-83), § 180-26-005, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 01-08-040, § 180-26-012, filed 3/30/01, effective 4/30/01.]

     (1) Commence with the design of the school facility in accordance with the district's educational specifications.

     (2) Complete the energy conservation report pursuant to WAC ((180-27-075)) 392-343-075.

     (3) Complete a value engineering study and constructability review pursuant to WAC ((180-27-080)) 392-343-080.

     (4) Contract for building commissioning pursuant to WAC ((180-27-080)) 392-343-080.

     (5) Contract for construction management pursuant to WAC ((180-27-102)) 392-343-102.

[Statutory Authority: RCW 28A.525.020. 99-24-046, § 180-26-040, filed 11/24/99, effective 12/25/99; 98-19-140, § 180-26-040, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-26-040, filed 11/27/85; 83-21-065 (Order 10-83), § 180-26-040, filed 10/17/83.]

[Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, § 180-26-050, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-26-050, filed 11/27/85.]

[Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, § 180-26-057, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.525.020. 98-19-140, § 180-26-057, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1991 c 14. 91-20-151, § 180-26-057, filed 10/2/91, effective 11/2/91. Statutory Authority: RCW 28A.525.020. 90-24-068, § 180-26-057, filed 12/5/90, effective 1/5/91. Statutory Authority: RCW 28A.47.830. 86-04-065 (Order 1-86), § 180-26-057, filed 2/4/86.]

[Statutory Authority: RCW 28A.525.020 and 28A.525.164. 91-12-055, § 180-26-060, filed 6/5/91, effective 7/6/91. Statutory Authority: RCW 28A.525.020. 90-24-068, § 180-26-060, filed 12/5/90, effective 1/5/91. Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-26-060, filed 11/27/85.]

     (1) Applications for preliminary funding status pursuant to WAC ((180-26-050)) 392-342-050 shall be designated as SPI Form D-5.

     (2) Grants of preliminary funding status pursuant to WAC ((180-26-050)) 392-342-050 shall be given to districts through SPI Form D-6.

[Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-26-200, filed 11/27/85.]

     The following chapter of the Washington Administrative Code is decodified as follows:

Old WAC Number	New WAC Number
WAC 180-26-005	WAC 392-342-005
WAC 180-26-010	WAC 392-342-010
WAC 180-26-012	WAC 392-342-012
WAC 180-26-015	WAC 392-342-015
WAC 180-26-020	WAC 392-342-020
WAC 180-26-025	WAC 392-342-025
WAC 180-26-040	WAC 392-342-040
WAC 180-26-050	WAC 392-342-050
WAC 180-26-057	WAC 392-342-057
WAC 180-26-060	WAC 392-342-060
WAC 180-26-200	WAC 392-342-200

OTS-8909.2

AMENDATORY SECTION(Amending WSR 98-19-143, filed 9/23/98, effective 10/24/98)

WAC 180-27-005   Authority.   This chapter is adopted pursuant to RCW 28A.525.020 relating to authority of the ((state board of education)) superintendent of public instruction to prescribe rules and regulations governing the administration, control, terms, conditions, and disbursements of allotments 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 plant facilities are RCW 28A.525.030, 28A.525.040, 28A.525.050, and 28A.525.162 through 28A.525.178.

[Statutory Authority: RCW 28A.525.020. 98-19-143, § 180-27-005, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990 c 33. 90-17-009, § 180-27-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-005, filed 10/17/83.]

[Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-010, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 01-08-040, § 180-27-012, filed 3/30/01, effective 4/30/01.]

[Statutory Authority: RCW 28A.525.020. 98-19-143, § 180-27-016, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). 92-16-058, § 180-27-016, filed 8/3/92, effective 9/3/92.]

     (a) The number of unhoused students;

     (b) Space allocations;

     (c) Reduction of the number of operating schools as per chapter ((180-33)) 392-347 WAC;

     (d) Area cost allowance for the fiscal year funded;

     (e) Allowances for furniture and equipment purchases;

     (f) The amount of insurance, federal, or other nontax source local moneys applied to a school facilities project;

     (g) Certain specified costs which must be financed directly by the school district; and

     (h) The amount of fees for professional services.

     (2) State assistance for an approved project shall be derived by multiplying the percentage of state assistance determined pursuant to RCW 28A.525.166 by the following:

     (a) The eligible construction cost which shall be calculated by multiplying the approved square foot area of the project as set forth in WAC ((180-27-035)) 392-343-035 by the area cost allowance as set forth in WAC ((180-27-060)) 392-343-060;

     (b) The cost of preparing educational specifications as set forth in WAC ((180-27-065)) 392-343-065;

     (c) The cost of architectural and engineering services as set forth in WAC ((180-27-070)) 392-343-070;

     (d) The cost of preparing and reviewing the energy conservation report as set forth in WAC ((180-27-075)) 392-343-075;

     (e) The cost of a value engineering study, a constructability review, and building commissioning as set forth in WAC ((180-27-080)) 392-343-080;

     (f) The construction cost savings -- sharing incentive as set forth in WAC ((180-27-085)) 392-343-085;

     (g) The cost of furniture and equipment as set forth in WAC ((180-27-095)) 392-343-095;

     (h) The cost of special inspections and testing as set forth in WAC ((180-27-100)) 392-343-100; and

     (i) The cost of construction management as set forth in WAC ((180-27-102)) 392-343-102.

     Any cost in excess of the maximum allowable shall be financed entirely by the school district.

[Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, § 180-27-020, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.525.020. 99-24-127, § 180-27-020, filed 12/1/99, effective 1/1/00. Statutory Authority: RCW 28A.525.020 and chapters 39.35 and 60.28 RCW. 92-24-027, § 180-27-020, filed 11/24/92, effective 12/25/92. Statutory Authority: 1990 c 33. 90-17-009, § 180-27-020, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-020, filed 10/17/83.]

[Statutory Authority: RCW 28A.47.830, 28A.47.060 and 28A.47.802. 90-01-076, § 180-27-023, filed 12/19/89, effective 12/19/89.]

     (2) In the event the percentage of state assistance to any school district computed in accordance with RCW 28A.525.166(2) is less than twenty percent and such school district otherwise is eligible for state assistance under statutory provisions and ((state board of education)) the superintendent of public instruction regulations, the percentage for such district shall be twenty percent of the matchable cost of the project.

     (3) In addition to the computed percent of state assistance as stated above, a school district as provided in RCW 28A.525.166(3), shall be entitled to additional percentage points determined by the average percentage of growth for the past three years. One percent shall be added to the computed percent of state assistance for each average percent of student growth for the past three years, with a maximum addition of twenty percent. In no case shall the state dollars matched exceed one hundred percent of the maximum allowable cost of the project.

[Statutory Authority: 1990 c 33. 90-17-009, § 180-27-025, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-025, filed 10/17/83.]

     (1) Passage of bonds and/or levies by the voters of the school district to meet the requirement for local funding;

     (2) ((State board of education)) The superintendent of public instruction project approval; or

     (3) Superintendent of public instruction approval to bid.

     In the event that a district is otherwise eligible to receive approval to bid one or more projects but a lack of state matching funds precludes the issuance of such approval(s), the district shall retain the higher percentage of state assistance as provided for in this section for such approval(s). This provision shall apply to all projects having received project approval by the state board of education after September 1, 1997, or by the superintendent of public instruction after June 6, 2006.

[Statutory Authority: RCW 28A.525.020. 99-24-127, § 180-27-030, filed 12/1/99, effective 1/1/00; 98-19-143, § 180-27-030, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990 c 33. 90-17-009, § 180-27-030, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-030, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 00-04-007, § 180-27-032, filed 1/20/00, effective 2/20/00. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24 (8)(e). 94-01-030, § 180-27-032, filed 12/6/93, effective 1/6/94. Statutory Authority: RCW 28A.525.020 and 28A.525.164. 91-12-056, § 180-27-032, filed 6/5/91, effective 7/6/91.]

     (1) A three or five-year cohort survival enrollment projection for growth districts, whichever is greater;

     (2) A three or five-year cohort survival enrollment projection for a declining district, whichever is lesser;

     (3) Actual enrollment of preschool students with disabilities; and

     (4) Supplemental information regarding district growth factors which may include but not be limited to the following types of information:

     (a) County live birth rates;

     (b) New housing starts;

     (c) Utility/telephone hookups; and

     (d) Economic/industrial expansion.

     For the purpose of this section, kindergarten students and students with disabilities shall be counted as provided under WAC ((180-27-035)) 392-343-035 and all other grade one through twelve students shall be counted as October count day full-time equivalent students as reported to the superintendent of public instruction: Provided, That a school district which has or has had an annual average full-time equivalent enrollment of over five hundred, and which applied for and received additional state basic education allocation moneys based upon an enrollment increase after the first of the month enrollment count, may use the average of the two highest monthly full-time equivalent enrollment counts during the school year.

[Statutory Authority: RCW 28A.525.020. 98-19-143, § 180-27-045, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and chapters 39.35 and 60.28 RCW. 92-24-027, § 180-27-045, filed 11/24/92, effective 12/25/92. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-045, filed 10/17/83.]

     (1) The capacity of existing buildings within the district based on the school district's assigned grade spans shall be computed in accordance with the tables set forth in WAC ((180-27-035)) 392-343-035 and the square foot area analysis set forth in WAC ((180-27-040)) 392-343-040.

     (2) The number of students projected at each grade span shall be multiplied by appropriate numbers of square feet as set forth in WAC ((180-27-035)) 392-343-035. (Note: The area generated at each grade level determines district eligibility, if any.)

     (3) The amount of housing the district is eligible to construct at each grade span is determined by subtracting the area computed in subsection (2) of this section from the existing housing capacity at each grade span in the school district. Using this formula, over housing at the secondary grade level, grades nine through twelve, or elementary grade level, kindergarten through eight, will not negatively affect unhoused eligibility at the elementary grade level or secondary grade level respectively.

     (4) Appropriate grade assignment is a local determination.

[Statutory Authority: RCW 28A.525.020. 98-19-143, § 180-27-050, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.803, 28A.47.060, 28A.47.802 and 28A.47.105. 90-04-031, § 180-27-050, filed 1/30/90, effective 3/2/90. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-050, filed 10/17/83.]

[Statutory Authority: RCW 28A.47.830. 85-04-008 (Order 2-85), § 180-27-053, filed 1/25/85.]

[Statutory Authority: RCW 28A.525.020. 98-19-143, § 180-27-054, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 85-04-008 (Order 2-85), § 180-27-054, filed 1/25/85.]

     (1) On or after July 1 following the ((state board of education)) superintendent of public instruction 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)) 392-344-107 as per the applicable priority list in WAC ((180-27-500)) 392-343-500. Only school construction projects with ((state board of education)) the superintendent of public instruction approval under WAC ((180-25-045)) 392-341-045 and secured local capital funds by January 31 of the previous state fiscal year and eligible for final approval pursuant to WAC ((180-29-107)) 392-344-107 by June 30 of the previous state fiscal year shall be placed on the priority list.

     (2) Each fiscal year the superintendent of public instruction shall give final approval to school construction projects on the priority list pursuant to WAC ((180-29-107)) 392-344-107 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)) superintendent of public instruction 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)) 392-344-107 shall be combined with new school construction projects that have secured local capital funds by January 31 of the state fiscal year and that are eligible, pursuant to WAC ((180-29-107)) 392-344-107, 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. 99-24-127, § 180-27-056, filed 12/1/99, effective 1/1/00; 98-23-033, § 180-27-056, filed 11/10/98, effective 12/11/98; 98-19-143, § 180-27-056, filed 9/23/98, effective 10/24/98. 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.]

[Statutory Authority: RCW 28A.525.200. 95-16-076, § 180-27-05605, filed 7/28/95, effective 8/28/95. Statutory Authority: RCW 28A.525.020 and chapters 39.35 and 60.28 RCW. 92-24-027, § 180-27-05605, filed 11/24/92, effective 12/25/92. Statutory Authority: RCW 28A.525.020. 90-24-068, § 180-27-05605, filed 12/5/90, effective 1/5/91.]

[Statutory Authority: RCW 28A.525.020. 90-24-068, § 180-27-05607, filed 12/5/90, effective 1/5/91.]

[Statutory Authority: RCW 28A.525.020. 98-19-143, § 180-27-057, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.060, 28A.47.802 and 28A.47.830. 89-22-007, § 180-27-057, filed 10/20/89, effective 11/20/89. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-057, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 90-24-068, § 180-27-059, filed 12/5/90, effective 1/5/91. Statutory Authority: RCW 28A.47.830. 85-24-048 (Order 25-85), § 180-27-059, filed 11/27/85.]

     (2) The area cost allowance used in calculating state financial assistance for construction of school facilities shall be determined by the superintendent of public instruction using the prior year's area cost allowance, plus a construction inflation factor.

     (3) The superintendent of public instruction's office shall work with ((the state board of education and other)) appropriate parties to develop ((and recommend to the state board for approval)) a method for determining the annual construction inflation factor. ((This recommendation shall be presented to the state board of education for approval at its October 2001 meeting, or as soon thereafter as is practical.))

[Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, § 180-27-060, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.525.020. 98-19-143, § 180-27-060, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 85-24-048 (Order 25-85), § 180-27-060, filed 11/27/85; 84-11-047 (Order 6-84), § 180-27-060, filed 5/17/84; 83-21-066 (Order 11-83), § 180-27-060, filed 10/17/83.]

[Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, § 180-27-063, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.47.830. 85-24-048 (Order 25-85), § 180-27-063, filed 11/27/85.]

     (2) The construction of interdistrict transportation cooperatives, or additions of less than fifteen thousand square feet to existing facilities, unless combined with modernization, are not eligible.

     (3) The amount of state assistance for which a district is eligible for the preparation of educational specifications shall be the state matching percentage multiplied by the greater of the following:

     (a) One quarter of one percent of the area cost allowance multiplied by the square foot area for the fiscal year funded; or

     (b) Ten thousand dollars.

[Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, § 180-27-065, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-065, filed 10/17/83.]

     The allocation of state moneys for matching purposes for a school facility project shall be based on architectural and engineering services as defined by the latest edition of the American Institute of Architects Handbook of Professional Practice and calculated by the percentage(s) in relation to the square foot area of construction as calculated in WAC ((180-27-040)) 392-343-040 and project type, as set forth below:

     (1) New construction projects:

Architectural and Engineering Team Fee Matching
Limitations

     For modernization projects, the limits of state participation shall be one and one-half times the amount calculated for new construction.

     (3) Combination projects:

     For those projects which include a combination of new construction and modernization, the limits of state participation shall be prorated as set forth in subsection (1) and (2) of this section.

[Statutory Authority: RCW 28A.525.020. 01-09-011, § 180-27-070, filed 4/6/01, effective 5/7/01; 98-19-143, § 180-27-070, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24 (8)(e). 93-13-026, § 180-27-070, filed 6/10/93, effective 7/11/93. Statutory Authority: RCW 28A.47.830. 84-07-036 (Order 1-84), § 180-27-070, filed 3/20/84; 83-21-066 (Order 11-83), § 180-27-070, filed 10/17/83.]

     (1) Two-fifths of one percent of the area cost allowance multiplied by the square foot area for the fiscal year funded; or

     (2) Twenty thousand dollars.

[Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, § 180-27-080, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.525.020. 99-24-127, § 180-27-080, filed 12/1/99, effective 1/1/00; 98-19-143, § 180-27-080, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-080, filed 10/17/83.]

     (1) Districts become eligible for a cost saving incentive equal to sixty percent of the state share of the construction cost savings if the cost of new construction at bid is less than the approved state matchable construction cost, as set forth in WAC ((180-27-020)) 392-343-020 (2)(a).

     (2) The state matched fee for basic architectural and engineering services shall not be reduced if the project is bid and is awarded below the approved state matchable construction cost (WAC ((180-27-070)) 392-343-070) or the cost contracted for between the school district and architect/engineer, whichever is less.

     (3) Any project attached to or adjacent to or otherwise designed to operate in conjunction with an existing facility and which contains additional area equal to or less than fifty percent of the area in the existing facility shall be classified as an addition and shall not be eligible for the cost saving incentive option authorized in this section.

     (4) Districts shall not be eligible for a cost-saving incentive where the entire project, or any part of the project, qualifies for state support under chapter ((180-33)) 392-347 WAC.

     (5) Receipt of a portion of the state share of construction cost savings shall not reduce the district's future eligibility and entitlement to state assistance in providing school facilities and shall not result in the district receiving more than one hundred percent of the cost of construction.

[Statutory Authority: RCW 28A.47.830. 85-24-048 (Order 25-85), § 180-27-085, filed 11/27/85; 83-21-066 (Order 11-83), § 180-27-085, filed 10/17/83.]

     (a) Two percent for elementary schools;

     (b) Three percent for middle and junior high schools;

     (c) Four percent for high schools;

     (d) Five percent for facilities for students with disabilities;

     (e) Five percent for interdistrict cooperative occupational skill centers; and

     (f) Seven percent for interdistrict transportation cooperatives.

     (2) For those projects where the eligible square footage is allocated to grade spans which do not conform to those listed above, the equipment allowance shall be allocated based on eligibility as established in WAC ((180-27-035)) 392-343-035.

[Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, § 180-27-095, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.525.020. 98-19-143, § 180-27-095, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-095, filed 10/17/83.]

     (1) A school facility subject to abatement and an order to vacate.

     A school district required to replace a school facility determined to be hazardous to the safety and health of school children and staff -- as evidenced by reports of architects or engineers licensed to practice in the state of Washington, the health agency having jurisdiction, and/or the fire marshal and building official having jurisdiction -- shall be eligible for additional assistance if the voters of the school district authorize the issuance of bonds and/or the levying of excess taxes to meet the statutory limits. If the ((state board of education)) superintendent of public instruction determines that the voters of the school district have authorized the issuance of bonds to its legal limit, the ((board)) superintendent of public instruction shall provide state financial assistance for the remaining cost of the building to a level not exceeding the area cost allowance for the fiscal year funded: Provided, That at any time thereafter when the ((state board of education)) superintendent of public instruction finds that the capital financial position of such district has improved, the amount of the additional allocation provided pursuant to this subsection shall be recovered by deducting an amount equal to all or a portion of such additional allocation from any future state school facility construction funds which might otherwise be provided to such district.

     (2) Interdistrict cooperative centers.

     In the financing of interdistrict cooperative projects as set forth in chapter ((180-31)) 392-345 WAC, the ((state board of education)) superintendent of public instruction shall allocate at seventy-five percent of the total approved project cost determined eligible for state matching purposes if the planned school facility meets the following criteria:

     (a) Provides educational opportunities, including vocational skills programs, not otherwise provided; or

     (b) Avoids unnecessary duplication of specialized or unusually expensive educational programs or facilities.

     (3) School housing emergency.

     A school district found by the ((state board of education)) superintendent of public instruction to have a school housing emergency requiring an allocation of state moneys in excess of the amount allocable under the statutory formula may be considered for an additional allocation of moneys: Provided, That the school district must have authorized the issuance of bonds to its legal capacity to meet the statutory and ((state board of education)) the superintendent of public instruction fiscal requirements for state assistance in providing school facilities.

     The total amount of state moneys allocated shall be the total approved project cost determined eligible for state matching purposes multiplied by the districts' regular match rate as calculated pursuant to RCW 28A.525.166 plus twenty percent and not to exceed ninety percent in total: Provided further, That at any time thereafter when the ((state board of education)) superintendent of public instruction finds that the capital financial position of such district has improved, the amount of the additional allocation provided pursuant to this subsection shall be recovered by deducting an amount equal to all or a portion of such additional allocation from any future state school facility construction funds which might otherwise be provided to such district.

     (4) Improved school district organization.

     If two or more school districts reorganize into a single school district and the construction of new school facilities results in the elimination of a small high school with a full-time equivalent enrollment in grades 9-12 of less than four hundred students and/or an elementary school with a full-time equivalent enrollment of less than one hundred students, the ((state board of education)) superintendent of public instruction shall match the total approved cost of the project at seventy-five percent.

     (5) Racial imbalance.

     Any school district that contains a school facility which is racially imbalanced as defined in WAC ((180-26-025)) 392-342-025 shall receive state assistance under this subsection in the amount of an additional ten percentage points above the matching percentage as calculated pursuant to RCW 28A.525.116 (b) and (c) which will not exceed a total of ninety percent of the total approved cost of construction: Provided, school construction projects for racial balance that meet the following conditions shall be provided state assistance at seventy-five percent of the square foot cost allowance for the fiscal year funded under the provisions of this subsection as they existed prior to the amendment of this subsection in 1993:

     (a) Voter approved local matching funds were authorized before December 31, 1992;

     (b) The superintendent of public instruction approved a comprehensive desegregation plan with specific construction and modernization projects under additional state assistance criterion in effect at that time, which will be identified on or before September 15, 1993; and

     (c) The superintendent of public instruction confirms at the time of project approval pursuant to WAC ((180-25-040)) 392-341-040 the continued existence of racial balance needs.

     In the case of a school district which contains a racially imbalanced school facility the district must demonstrate that, as a result of new construction or modernization, the particular school facility will no longer be racially imbalanced, that the combined minority enrollment in the particular school facility will be reduced by more than ten percentage points, and that the above stated results will be obtained as a direct result of increased enrollment of nonminority students in the particular school facility: Provided, That the particular school facility shall remain racially balanced for a period of at least five years after the date of actual building occupancy: Provided further, That if the ((state board of education)) superintendent of public instruction finds that the school facility does not remain racially balanced for five years then the amount of additional state assistance provided pursuant to this subsection shall be recovered by deducting an amount equal to all of the additional allocation from any future state school facility construction funds which might otherwise be provided to such district.

     (6) Any project that has received approval for additional state assistance under provisions of this section as they existed prior to the amendment of this section in 1993 shall retain authorization for additional assistance under the provisions in effect at the time of such approval.

[Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, § 180-27-115, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.525.020. 98-19-143, § 180-27-115, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 28A.525.166(4). 93-20-067, § 180-27-115, filed 10/1/93, effective 11/1/93. Statutory Authority: RCW 28A.525.020 and 28A.525.164. 91-12-059, § 180-27-115, filed 6/5/91, effective 7/6/91. Statutory Authority: 1990 c 33. 90-17-009, § 180-27-115, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830, 28A.47.060 and 28A.47.802. 90-01-076, § 180-27-115, filed 12/19/89, effective 12/19/89. Statutory Authority: RCW 28A.47.830. 85-24-048 (Order 25-85), § 180-27-115, filed 11/27/85; 83-21-066 (Order 11-83), § 180-27-115, filed 10/17/83.]

     (1) The cost of area in excess of the space allocations as set forth in WAC ((180-27-035)) 392-343-035;

     (2) Acquisition cost of site;

     (3) Maintenance and operation;

     (4) Alterations, repair, and demolitions, except alterations necessary to connect new construction to an existing building;

     (5) Central administration buildings;

     (6) Stadia/grandstands;

     (7) Costs incidental to advertising for bids, site surveys, soil testing for site purchase, and costs other than those connected directly with the construction of facilities;

     (8) Bus garages, except interdistrict cooperatives;

     (9) Sales and/or use taxes levied by local governmental agencies other than those sales and/or use taxes levied by the state of Washington;

     (10) All costs in excess of state support level factors established by the ((state board of education)) superintendent of public instruction for state participation in financing school construction; and/or

     (11) All costs associated with the purchase, installation, and relocation of portable classrooms.

[Statutory Authority: RCW 28A.525.020. 04-23-009, § 180-27-120, filed 11/4/04, effective 12/5/04; 98-19-143, § 180-27-120, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-120, filed 10/17/83.]

[Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-125, filed 10/17/83.]

     (1) The replacement school facility is wholly financed with local district funds; or

     (2) The replacement school facility is constructed with state funding assistance authorized under the authority of chapter ((180-33)) 392-347 WAC.

[Statutory Authority: RCW 28A.525.020. 98-19-143, § 180-27-425, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.803, 28A.47.060, 28A.47.802 and 28A.47.105. 90-04-031, § 180-27-425, filed 1/30/90, effective 3/2/90.]

     (1) Common elements;

     (2) New construction for growth elements; and

     (3) Modernization or new-in-lieu of modernization elements.

     In the case of a combined project (i.e., new construction for growth and modernization), the respective scores in each group will be prorated on the basis of each group's related gross square footage in the total project.

[Statutory Authority: RCW 28A.525.020. 98-19-143, § 180-27-500, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). 92-16-058, § 180-27-500, filed 8/3/92, effective 9/3/92.]

     (1) Type of space - Ten possible points. In this element the net assignable square feet (NASF) of a project are identified by planned space inventory category. Category One is space used for scheduled instruction and libraries (classrooms, laboratories, PE teaching space, libraries, and learning resource centers). Category Two is space used in support of instruction (assembly, student services, office space, and classroom/lab service and support). Category Three space is cafeteria/food service, spectator seating, covered play areas, and general support space. The formula for determining points prorates the NASF with weightings of ten for Category One, seven for Category Two, and four for Category Three as shown below.

NASF of Category One	X	10 points = X
NASF of Category Two	X	7 points = X
NASF of Category Three	X	4 points = X

     Then: The sum of X divided by the sum of NASF equals points.

     (2) Local priority - Five points. For this element, five maximum points are awarded to the district's first priority project. Each priority from there has one point deducted from it, to a minimum of zero points awarded.

     (3) Joint funding - Five possible points. A binding agreement between the school district and another governmental entity for the joint financing of new construction or modernization of space which is not otherwise eligible for state assistance.

Total Project Cost Up to $1,000,000		Required Joint Funding 25% of total project cost
Between $1,000,000 and $2,000,000			$275,000
Between $2,000,000 and $3,000,000			$300,000
Between $3,000,000 and $4,000,000			$325,000
Between $4,000,000 and $5,000,000			$350,000
Between $5,000,000 and $6,000,000			$375,000
Between $6,000,000 and $7,000,000			$400,000
Between $7,000,000 and $8,000,000			$425,000
Between $8,000,000 and $9,000,000			$450,000
Between $9,000,000 and $10,000,000			$475,000
$10,000,000 and over			$500,000

     (4) Modified calendar or schedule - Five possible points. For this element, up to five points utilizing the table below will be awarded to a project in a district which has adopted a modified school calendar or schedule that enables more students to use school buildings each year over what current state capacity standards at WAC ((180-27-035)) 392-343-035 recognize for state assistance purposes. The modified calendar or schedule shall utilize either extended school day or additional days for instruction in the year. The enrollment percentage shall be calculated on the same grade span groupings as for eligibility in WAC ((180-27-050)) 392-343-050. For the purpose of this subsection, the enrollment shall include all students enrolled at the facility as opposed to only those students in attendance.

Enrollment Percentage Increase Over Capacity	Priority Points
20 to above	5
16 to 19.9	4
12 to 15.9	3
8 to 11.9	2
4 to 7.9	1
Below 4	0

The scores for this group of elements will be determined after district compliance with the requirements of WAC ((180-29-107)) 392-344-107.

[Statutory Authority: RCW 28A.525.020. 98-19-143, § 180-27-505, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1993 [1992] c 233 § 24 (8)(e). 93-04-019, § 180-27-505, filed 1/26/93, effective 2/26/93. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). 92-16-058, § 180-27-505, filed 8/3/92, effective 9/3/92.]

     (1) Projected percent unhoused - Fifty-five possible points. The district percent unhoused five years in the future is based on the projection of enrollment per WAC ((180-27-045)) 392-343-045 for two grade categories, including preschool special education, compared to the formula capacity of existing space based on WAC ((180-27-035)) 392-343-035 as computed per WAC ((180-27-050)) 392-343-050.

     If the projected district percent unhoused for the applicable grade category is equal to or greater than forty percent, full points are awarded. If the projected district percent unhoused is less than five percent but greater than zero percent, then a minimum of fifteen points are awarded. If the projected percent unhoused is between five percent and forty percent, then the forty remaining points (55-15) are proportionately awarded.

     (2) Mid-range projection - Five possible points. This factor is to recognize the degree of immediacy of a district's capacity problem. The district's point score in subsection (1) of this section is first multiplied by .091 to reflect the relationship between the fifty-five possible points in subsection (1) of this section and the five points in this subsection. This produces the maximum points a project can be awarded in this factor. The actual points are determined by the relationship between the district's unhoused percentage three years in the future divided by the unhoused percentage five years in the future. For example, if a district received 43.57 points in subsection (1) of this section due to a projected thirty percent unhoused condition and its three-year projection is that it will be twenty-four percent unhoused, it will receive 3.17 points (i.e., ((42.57 x .091) x (24 percent/30 percent)) = 3.17).

     (3) Number of years unhoused - Five possible points. This factor is to recognize the duration of an unhoused problem. One point is awarded for each year the district has had an unhoused condition in the applicable grade category during the past five years, up to the five points maximum.

     The scores shall be determined at the time of project approval per WAC ((180-25-045)) 392-341-045. These scores shall be carried for a period of twenty-four months, at which time new scores shall be determined utilizing the then most current enrollment projections and facts. A district may request a redetermination of scores at any time.

[Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). 92-16-058, § 180-27-510, filed 8/3/92, effective 9/3/92.]

     (1) Health & safety - Twenty possible points. A maximum of sixteen points are awarded based on the evaluation contained in the Building Condition Evaluation Form (BCEF) (WAC ((180-27-535)) 392-343-535) and are awarded as follows:

15 - 19 percent = 16 points, 20 - 24 percent = 15 points, 25 - 29 percent = 14 points, etc., until 95 percent at which no points are awarded.

     The health and safety condition points are combined with an additional:

	Two points if school does not meet seismic code requirements.
	Two points if school is not asbestos free.

     (2) Condition of building - Thirty possible points. The score is based on the Building Condition Evaluation Form (WAC ((180-27-535)) 392-343-535) analysis for all categories other than access for persons with disabilities. If the building condition score is thirty-one or less, then the maximum thirty points are awarded to the project. If the condition score is ninety-one or more, then no points are awarded. If the condition score is from thirty-two to ninety, the condition score is subtracted from ninety-one and multiplied by fifty percent to determine the points. In cases where projects affect multiple buildings, the BCEF score is weighted by the proportion of gross square feet (GSF) affected.

     (3) Cost/benefit factor - Ten minus points possible. If the proposed project is a modernization and the BCEF score is less than forty, one point is deducted for each point the BCEF score is less than forty up to a total possible deduction of ten points.

     If the proposed project is a new-in-lieu of modernization and the BCEF score is greater than sixty, one point is deducted for each point the BCEF score is higher than sixty to a total possible deduction of ten points.

     The scores shall be determined at the time of project approval per WAC ((180-25-045)) 392-341-045. These scores shall be carried until the district requests a redetermination.

[Statutory Authority: RCW 28A.525.020. 98-19-143, § 180-27-515, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). 92-16-058, § 180-27-515, filed 8/3/92, effective 9/3/92.]

Type of Interdistrict Cooperative Facility	Priority Score
Vocational Skill Centers	25
Transportation Centers	10
Other Cooperative Facilities	20

[Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). 92-16-058, § 180-27-525, filed 8/3/92, effective 9/3/92.]

[Statutory Authority: RCW 28A.525.020. 98-19-143, § 180-27-530, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). 92-16-058, § 180-27-530, filed 8/3/92, effective 9/3/92.]

[Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). 92-16-058, § 180-27-535, filed 8/3/92, effective 9/3/92.]

     (1) The term "emergency repair" means a repair to a school building necessitated by causes specified in any current biennial appropriation.

     (2) The term "imminent health and safety hazard" means a threat of immediate physical injury to the occupants of a building.

     (3) The term "local funding" means insurance settlements, litigation proceeds in excess of costs, any unreserved general fund balance in excess of $200/FTE student for first class districts or $500/FTE student for second class districts as reported in the most recently available annual fiscal report (F196), any unobligated, unreserved capital fund balance, any capital funds reserved for uninsured risk, and any unused voter-approved bond capacity. Districts shall not be required to pass bond or levy issues or incur nonvoted debt in order to qualify for these funds.

[Statutory Authority: RCW 28A.525.020. 99-24-127, § 180-27-600, filed 12/1/99, effective 1/1/00. Statutory Authority: 1995 2nd sp.s. c 16 § 508. 95-20-088, § 180-27-600, filed 10/4/95, effective 11/4/95.]

     (1) A school district board of directors shall approve and present to the superintendent of public instruction a written application for emergency repair funding on a form provided by the superintendent of public instruction.

     (2) The application and accompanying documentation shall include, but not be limited to:

     (a) Certification of the unrestricted balance, if any, of the district's general fund and capital projects fund and that all avenues of local funding have been exhausted;

     (b) A determination and description of available alternative housing options for occupants of the building;

     (c) A detailed description of the nature of the emergency repair;

     (d) A detailed description of the nature and extent of the imminent health and safety hazards that exist, and the extent they would be alleviated by the emergency repair;

     (e) Evidence that the district is aggressively pursuing civil remedies against the responsible party or parties as appropriate;

     (f) Certification by a health official, fire official, building official, labor and industries official or other independent and competent authority that an imminent health and safety hazard to building occupants of a specified nature and extent exists unless the emergency repairs are made; and

     (g) The estimated cost of the emergency repairs based upon an estimate made by two or more independent, qualified cost estimators.

     (h) A plan for repayment of the grant.

[Statutory Authority: RCW 28A.525.020. 99-24-127, § 180-27-605, filed 12/1/99, effective 1/1/00. Statutory Authority: 1995 2nd sp.s. c 16 § 508. 95-20-088, § 180-27-605, filed 10/4/95, effective 11/4/95.]

[Statutory Authority: RCW 28A.525.020. 99-24-127, § 180-27-610, filed 12/1/99, effective 1/1/00. Statutory Authority: 1995 2nd sp.s. c 16 § 508. 95-20-088, § 180-27-610, filed 10/4/95, effective 11/4/95.]

[Statutory Authority: RCW 28A.525.020. 99-24-127, § 180-27-615, filed 12/1/99, effective 1/1/00. Statutory Authority: 1995 2nd sp.s. c 16 § 508. 95-20-088, § 180-27-615, filed 10/4/95, effective 11/4/95.]

     The following chapter of the Washington Administrative Code is decodified as follows:

Old WAC Number	New WAC Number
180-27-005	392-343-005
180-27-010	392-343-010
180-27-012	392-343-012
180-27-015	392-343-015
180-27-016	392-343-016
180-27-017	392-343-017
180-27-018	392-343-018
180-27-019	392-343-019
180-27-020	392-343-020
180-27-023	392-343-023
180-27-025	392-343-025
180-27-030	392-343-030
180-27-032	392-343-032
180-27-035	392-343-035
180-27-040	392-343-040
180-27-045	392-343-045
180-27-050	392-343-050
180-27-053	392-343-053
180-27-054	392-343-054
180-27-056	392-343-056
180-27-05605	392-343-05605
180-27-05607	392-343-05607
180-27-057	392-343-057
180-27-059	392-343-059
180-27-060	392-343-060
180-27-063	392-343-063
180-27-065	392-343-065
180-27-070	392-343-070
180-27-075	392-343-075
180-27-080	392-343-080
180-27-085	392-343-085
180-27-095	392-343-095
180-27-100	392-343-100
180-27-102	392-343-102
180-27-105	392-343-105
180-27-110	392-343-110
180-27-115	392-343-115
180-27-120	392-343-120
180-27-125	392-343-125
180-27-405	392-343-405
180-27-410	392-343-410
180-27-415	392-343-415
180-27-420	392-343-420
180-27-425	392-343-425
180-27-500	392-343-500
180-27-505	392-343-505
180-27-510	392-343-510
180-27-515	392-343-515
180-27-525	392-343-525
180-27-530	392-343-530
180-27-535	392-343-535
180-27-600	392-343-600
180-27-605	392-343-605
180-27-610	392-343-610
180-27-615	392-343-615

OTS-8910.1

AMENDATORY SECTION(Amending WSR 98-19-141, filed 9/23/98, effective 10/24/98)

WAC 180-29-005   Authority.   This chapter is adopted pursuant to RCW 28A.525.020 relating to authority of the ((state board of education)) superintendent of public instruction to prescribe rules and regulations governing the administration, control, terms, conditions, and disbursements of allotments to school districts to assist them in providing school facilities. In accordance with RCW 28A.525.200, the only provision of chapter 28A.525 RCW currently applicable to state assistance for school plant facilities are RCW 28A.525.030, 28A.525.040, 28A.525.050, and 28A.525.162 through 28A.525.178.

[Statutory Authority: RCW 28A.525.020. 98-19-141, § 180-29-005, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990 c 33. 90-17-009, § 180-29-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-005, filed 10/17/83.]

[Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-010, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 01-08-040, § 180-29-012, filed 3/30/01, effective 4/30/01.]

[Statutory Authority: RCW 28A.525.020. 98-19-141, § 180-29-021, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 85-24-050 (Order 27-85), § 180-29-021, filed 11/27/85.]

[Statutory Authority: RCW 28A.525.020. 98-19-141, § 180-29-025, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-025, filed 10/17/83.]

     (2) Review of the site by the superintendent of public instruction as required by chapter ((180-26)) 392-342 WAC shall be completed prior to issuance of preliminary funding status.

[Statutory Authority: RCW 28A.525.020. 98-19-141, § 180-29-035, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-035, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 99-24-126, § 180-29-040, filed 12/1/99, effective 1/1/00; 99-18-107, § 180-29-040, filed 9/1/99, effective 10/2/99. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-040, filed 10/17/83.]

[Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-045, filed 10/17/83.]

[Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-050, filed 10/17/83.]

[Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-055, filed 10/17/83.]

[Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-060, filed 10/17/83.]

[Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-065, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 99-24-126, § 180-29-066, filed 12/1/99, effective 1/1/00.]

[Statutory Authority: RCW 28A.525.020. 99-24-126, § 180-29-067, filed 12/1/99, effective 1/1/00.]

[Statutory Authority: RCW 28A.525.020. 00-04-008, § 180-29-068, filed 1/20/00, effective 2/20/00.]

     (1) Educational specifications (WAC ((180-29-050)) 392-344-050)

     (2) Architect-engineer (WAC ((180-29-055)) 392-344-055)

     (3) Energy conservation report (WAC ((180-29-060)) 392-344-060)

     (4) Value engineering (WAC ((180-29-065)) 392-344-065)

     (5) Constructability review (WAC ((180-29-066)) 392-344-066)

     (6) Building commissioning (WAC ((180-29-067)) 392-344-067)

     (7) Construction management (WAC ((180-29-068)) 392-344-068).

[Statutory Authority: RCW 28A.525.020. 99-24-126, § 180-29-075, filed 12/1/99, effective 1/1/00. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-075, filed 10/17/83.]

     (a) One copy of the construction documents forwarded by others;

     (b) Cost estimate of construction on a form approved by the superintendent of public instruction, completed and signed by the architect-engineer;

     (c) Signed copy or photocopy of letters of approval by other governmental agencies in accordance with WAC ((180-29-090)) 392-344-090;

     (d) Area analysis on a form approved by the superintendent of public instruction in accordance with chapter ((180-27)) 392-343 WAC;

     (e) Complete listing of construction special inspections and/or testing to be performed by independent sources that are included in the project pursuant to WAC ((180-27-100)) 392-343-100;

     (f) One copy of the value engineering and constructability review reports as accepted by the school district board of directors. The reports shall include the following:

     (i) A brief description of the original design;

     (ii) A brief description of the value engineering or constructability review methodology used;

     (iii) The areas analyzed;

     (iv) The design alternatives proposed;

     (v) The cost changes proposed;

     (vi) The alternates accepted; and

     (vii) A brief statement explaining why each alternate not accepted was rejected;

     (g) Completed Building Condition Evaluation Forms (BCEF) as required by WAC ((180-27-535)) 392-343-535 for every school facility in the district.

     (2) If the above documents reflect an increase in square foot size from the application approved by the ((state board of education)) superintendent of public instruction as per WAC ((180-29-030)) 392-344-030 which will result in an increase in state support, a new application must be submitted to the ((state board of education)) superintendent of public instruction.

[Statutory Authority: RCW 28A.525.020. 00-18-060, § 180-29-085, filed 9/1/00, effective 10/2/00; 99-24-126, § 180-29-085, filed 12/1/99, effective 1/1/00; 98-19-141, § 180-29-085, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24(8). 92-16-058, § 180-29-085, filed 8/3/92, effective 9/3/92. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-085, filed 10/17/83.]

     (1) Fire marshal or fire chief having jurisdiction when permitted by the state fire marshal;

     (2) Department of labor and industries or local jurisdiction when permitted by the department of labor and industries (electrical);

     (3) Health agency having jurisdiction;

     (4) Department of ecology or the local agency having jurisdiction for environmental approvals (when applicable); and

     (5) Building official having jurisdiction.

     Approvals shall be in respect to compliance with pertinent rules and regulations established by said agencies.

     Written approvals of the construction documents by the agencies shall be submitted to the superintendent of public instruction in accordance with WAC ((180-29-085)) 392-344-085.

[Statutory Authority: RCW 28A.525.020. 98-23-035, § 180-29-090, filed 11/10/98, effective 12/11/98. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24 (8)(e). 94-01-014, § 180-29-090, filed 12/3/93, effective 1/3/94. Statutory Authority: RCW 28A.47.802. 84-21-003 (Order 11-84), § 180-29-090, filed 10/4/84. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-090, filed 10/17/83.]

     (2) The superintendent of public instruction shall grant approval if moneys are available for state assistance and the required documents pursuant to WAC ((180-29-075, 180-29-080, 180-29-085, 180-29-090, 180-29-095, and 180-29-100)) 392-344-075, 392-344-080, 392-344-085, 392-344-090, 392-344-095, and 392-344-100 are complete.

     (3) If the superintendent of public instruction determines that the required documents are incomplete, the superintendent of public instruction shall hold the project and notify the school district in writing as to the incomplete items.

     (4) If moneys are not available for state assistance in construction, the school district shall notify the superintendent of public instruction that they are proceeding with their own moneys with the expectation that they will be reimbursed as per WAC ((180-27-057)) 392-343-057.

[Statutory Authority: RCW 28A.525.020 and 28A.525.164. 91-12-055, § 180-29-107, filed 6/5/91, effective 7/6/91. Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-29-107, filed 11/27/85; 83-21-067 (Order 12-83), § 180-29-107, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 98-19-141, § 180-29-1075, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1991 c 14. 91-20-151, § 180-29-1075, filed 10/2/91, effective 11/2/91. Statutory Authority: RCW 28A.47.830. 86-04-065 (Order 1-86), § 180-29-1075, filed 2/4/86.]

     (1) The lowest legally acceptable base bid, exclusive of alternates, received by a district exceeds the cost estimate submitted to the superintendent of public instruction pursuant to WAC ((180-29-085)) 392-344-085 by ten percent or more; and

     (2) Prior to the expiration on or after June 15, 1989, of the initial ninety-day period the district has rejected, or hereafter rejects, all bids in order to solicit new bids.

     A district which fails to request an authorization for contract award pursuant to WAC ((180-29-110)) 392-344-110 within the time period allowed by this section shall have its authority to proceed withdrawn. Districts with such projects withdrawn may reinitiate an application for state assistance by first reapplying for project approval pursuant to WAC ((180-25-040)) 392-341-040.

[Statutory Authority: RCW 28A.47.830. 89-22-008, § 180-29-108, filed 10/20/89, effective 11/20/89; 85-24-047 (Order 24-85), § 180-29-108, filed 11/27/85.]

     (a) Analyze the bids;

     (b) Determine the amount of state moneys allocable; and

     (c) Make an allocation of state moneys for construction and other items as per chapter ((180-27)) 392-343 WAC.

     (2) Authorization for contract award and allocation of state moneys shall be contingent upon the following:

     (a) The contract price for the construction has been established by competitive bid(s); and

     (b) The school district has available sufficient local funds pursuant to chapter ((180-25)) 392-341 WAC.

[Statutory Authority: RCW 28A.525.020. 98-19-141, § 180-29-115, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1991 c 14. 91-20-151, § 180-29-115, filed 10/2/91, effective 11/2/91. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-115, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020 and 28A.525.200. 95-08-030, § 180-29-125, filed 3/29/95, effective 4/29/95. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24 (8)(e). 94-01-013, § 180-29-125, filed 12/3/93, effective 1/3/94. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-125, filed 10/17/83.]

     (1) Prior to payment from state moneys, the school district shall make payments on all claims submitted until such time as the total amount of school district moneys obligated by the district have been expended.

     (2) When local moneys have been expended as in subsection (1) of this section, payments from state moneys shall then be made: Provided, That for projects authorized for state funding pursuant to WAC ((180-29-115)) 392-344-115(2) after June 30, 1993, payment shall be made after receipt of written certification by the school district board of directors that the school facility project authorized for state matching funds has been or will be completed according to the purposes for which the state matching funds are being provided.

[Statutory Authority: RCW 28A.525.020 and 1994 c 6 sp.s. 94-13-019, § 180-29-130, filed 6/3/94, effective 7/4/94. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-130, filed 10/17/83.]

     (1) Payments to contractor(s) by school district. Payments to contractors shall be on the basis of work completed. Contractors shall submit to the school district monthly estimates of work completed which shall be supported by the architect/engineer's certificate for payment. No payments shall be made without certification from the architect/engineer that such work has been completed.

     (2) Payments to others. Payments to others as per chapter ((180-27)) 392-343 WAC shall be made in accordance with the contract provisions for those services.

     (3) Retainage. The provisions of chapter 60.28 RCW relating to public works contracts and of WAC ((180-29-147)) 392-344-147 shall govern retainage on contract payments.

[Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24 (8)(e). 94-14-028, § 180-29-135, filed 6/28/94, effective 7/29/94. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-135, filed 10/17/83.]

     (2) Under RCW 60.28.011, a school district either:

     (a) Must provide for the reservation of five percent of all moneys earned by a contractor either by the district, deposited by the district in an interest-bearing account or placed in escrow as provided in RCW 60.28.011(4); or

     (b) Must accept a bond submitted by the contractor from any portion of the retainage in a form acceptable to the superintendent of public instruction and the school district and from a bonding company which meets the standards established at subsection (4)(b) of this section and by the school district, unless the school district can demonstrate good cause for refusing to accept the bond.

     As a general rule, the ((state board of education)) superintendent of public instruction prefers and recommends the cash retainage option for reasons which include the security and ease of enforcement which the cash option affords.

     (3) Cash retainage.

     (a) If the school district reserves five percent of all moneys earned by the contractor in a retainage trust fund administered by the school district in accordance with RCW 60.28.011(1), moneys deposited in that trust fund (whether retained by the district, deposited by the district in an interest-bearing account, or placed in escrow), may be paid to the contractor without prior written consent by the superintendent of public instruction. The superintendent of public instruction shall make available to the school district model procedures and forms for setting up the trust fund selected by the contractor under RCW 60.28.011(4).

     (b) At the request of the school district, the ((state board of education acting through the)) superintendent of public instruction may be designated as agent of the school district for cash retainage and will:

     (i) Administer the retained percentage trust fund in accordance with RCW 60.28.011, inclusive of depositing, releasing and accounting for such moneys;

     (ii) Establish and administer the retained percentage trust fund in accordance with the terms of chapter 60.28 RCW, and such terms as may be established by the superintendent of public instruction to ensure compliance with chapter 60.28 RCW, the security of trust fund moneys and efficient administration; and

     (iii) Ensure that no moneys lawfully deposited in the retained percentage trust fund shall be paid to the contractor without the prior written consent of the superintendent of public instruction, except for the payment of interest earnings as may be required by law.

     (4) If at the request of the contractor the bond in lieu of cash retained percentage option is implemented the following conditions apply:

     (a) The bond shall be in terms and of a form approved and established by the superintendent of public instruction to ensure that the bond adequately addresses the purposes of chapter 60.28 RCW; and

     (b) The bond shall be signed by a surety that is:

     (i) Registered with the Washington state insurance commissioner; and

     (ii) On the currently authorized insurance list published by the Washington state insurance commissioner.

     (c) Whatever additional requirements for the bonding company as may be established by the school district.

     (5) The release of retainage, whether cash or bond-in-lieu, shall be conditioned upon satisfactory compliance with the provisions of WAC ((180-29-165)) 392-344-165.

[Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24 (8)(e). 94-14-028, § 180-29-147, filed 6/28/94, effective 7/29/94.]

[Statutory Authority: RCW 28A.525.020. 98-19-141, § 180-29-155, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-155, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020. 99-24-126, § 180-29-160, filed 12/1/99, effective 1/1/00. Statutory Authority: RCW 28A.525.020 and chapters 39.35 and 60.28 RCW. 92-24-027, § 180-29-160, filed 11/24/92, effective 12/25/92. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-160, filed 10/17/83.]

     (1) These documents shall be required no later than thirty days after official acceptance:

     (a) Properly executed state invoice voucher as per the requirements of WAC ((180-29-145)) 392-344-145;

     (b) Architect/engineer certificate(s) of completion;

     (c) School district board of directors' resolution of final acceptance signed by the authorized agent of the school district.

     (2) These documents shall be required no later than sixty days after official acceptance:

     (a) Certification by the authorized agent of the school district that the district has on file all affidavits of wages paid in compliance with RCW 39.12.040;

     (b) After expiration of forty-five days following acceptance of the project by the school district, a signed statement by the authorized agent of the school district that no lien(s) is on file with the school district or a certified list of each lien is on file with the school district. A copy of each lien shall be forwarded to the superintendent of public instruction;

     (c) Either a permanent or temporary occupancy permit by building official of the jurisdiction. Also required are release documents as defined in chapter 60.28 RCW, RCW 50.24.130, and 51.12.050.

[Statutory Authority: RCW 28A.525.020 and chapters 39.35 and 60.28 RCW. 92-24-027, § 180-29-165, filed 11/24/92, effective 12/25/92. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-165, filed 10/17/83.]

[Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24 (8)(e). 94-14-028, § 180-29-170, filed 6/28/94, effective 7/29/94. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-170, filed 10/17/83.]

     (1) Applications for secured funding status pursuant to WAC ((180-29-107)) 392-344-107 shall be designated as SPI Form D-7.

     (2) Grants of secured funding status pursuant to WAC ((180-29-107)) 392-344-107 shall be given to districts through SPI Form D-8.

     (3) Grants of authority for school districts to proceed without secured funding status pursuant to WAC ((180-29-107)) 392-344-107 shall be given to districts through SPI Form D-8-1.

     (4) Applications for authority to enter into contracts pursuant to WAC ((180-29-110)) 392-344-110 shall be designated as SPI Form D-9.

     (5) Grants of authority to enter into contracts pursuant to WAC ((180-29-115)) 392-344-115 shall be given to districts through SPI Form D-10.

     (6) Grants of authority for school districts to enter into contracts without secured funding status pursuant to WAC ((180-29-115)) 392-344-115 shall be given to districts through SPI Form D-10-1.

     (7) Applications for SPI to release retainage pursuant to WAC ((180-29-165)) 392-344-165 shall be designated as SPI Form D-11.

     (8) Grants of release of final retainage pursuant to WAC ((180-29-165)) 392-344-165 shall be given through SPI Form D-12.

[Statutory Authority: RCW 28A.525.020. 98-19-141, § 180-29-200, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-29-200, filed 11/27/85.]

     The following chapter of the Washington Administrative Code is decodified as follows:

Old WAC Number	New WAC Number
180-29-005	392-344-005
180-29-010	392-344-010
180-29-012	392-344-012
180-29-021	392-344-021
180-29-025	392-344-025
180-29-035	392-344-035
180-29-040	392-344-040
180-29-045	392-344-045
180-29-050	392-344-050
180-29-055	392-344-055
180-29-060	392-344-060
180-29-065	392-344-065
180-29-066	392-344-066
180-29-067	392-344-067
180-29-068	392-344-068
180-29-075	392-344-075
180-29-080	392-344-080
180-29-085	392-344-085
180-29-090	392-344-090
180-29-095	392-344-095
180-29-100	392-344-100
180-29-105	392-344-105
180-29-107	392-344-107
180-29-1075	392-344-1075
180-29-108	392-344-108
180-29-110	392-344-110
180-29-115	392-344-115
180-29-120	392-344-120
180-29-125	392-344-125
180-29-130	392-344-130
180-29-135	392-344-135
180-29-140	392-344-140
180-29-145	392-344-145
180-29-147	392-344-147
180-29-150	392-344-150
180-29-155	392-344-155
180-29-160	392-344-160
180-29-165	392-344-165
180-29-170	392-344-170
180-29-200	392-344-200

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