WSR 10-09-008

PERMANENT RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed April 8, 2010, 10:13 a.m. , effective May 9, 2010 ]


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

     Purpose: Adopts more accurate and descriptive names for the components of the state funding formula for the allotment of appropriations for school plant facilities. The legislation is based on recommendations made by the joint legislative task force on school construction funding, to promote clarity and transparency in the funding formula.

     Citation of Existing Rules Affected by this Order: Amending chapters 392-341, 392-342, 392-343, 392-344, and 392-347 WAC.

     Statutory Authority for Adoption: RCW 28A.525.020.

      Adopted under notice filed as WSR 10-01-135 on December 21, 2009.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 167, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: March 24, 2010.

Randy Dorn

Superintendent of

Public Instruction

OTS-2868.1


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-341-005   Authority.   This chapter is adopted pursuant to RCW 28A.525.020 which authorizes the superintendent of public instruction to prescribe rules and regulations governing the administration, control, terms, conditions, and disbursements of ((moneys)) state funding assistance 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 funding 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. 06-16-032, amended and recodified as § 392-341-005, filed 7/25/06, effective 8/25/06; 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-341-010   Purpose.   The purpose of this chapter is to set forth provisions applicable to a district's official application for state funding assistance, including conditions preceding, in the construction of school facilities.

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-341-010, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-25-010, filed 11/27/85; 83-21-064 (Order 9-83), § 180-25-010, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-341-020   District application -- Study and survey.   Prior to the superintendent of public instruction consideration of state funding assistance in providing school facilities, the board of directors of a school district shall file with the superintendent of public instruction an application for each school facility project, whether new construction or modernization of an existing facility, and shall request the superintendent of public instruction to study and survey existing and proposed school facilities within the district.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-341-020, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-064 (Order 9-83), § 180-25-020, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-341-025   State study and survey -- Content.   The study and survey to be conducted by the superintendent of public instruction with the cooperation of the local school district shall include the following:

     (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 decision 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 funding assistance in school facility construction.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-341-025, filed 7/25/06, effective 8/25/06; 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-341-030   State study and survey -- Local involvement.   When in the judgment of the superintendent of public instruction information is not readily available to complete the state study and survey or the superintendent of public instruction determines that an existing study and survey, although completed within the previous six years, is out of date, the superintendent of public instruction shall approve a district's request for a state ((assistance)) planning grant to offset all or a portion of the cost of acquiring such information unless it is determined that there is no possibility that the district will be eligible for state funding assistance within the next seventy-two months. ((Such assistance)) The state planning grant shall be based on a minimum flat ((grant)) amount for each enrollment category plus a variable allocation based on the district's estimated gross square footage of existing school facilities and in accordance with the following schedule:


Headcount Enrollment Categories
Enrollment of 1 to 500—Minimum state planning grant plus square footage allocation
Enrollment of 501 to 3,000—Minimum state planning grant plus square footage allocation
Enrollment of 3,001 to 10,000—Minimum state planning grant plus square footage allocation
Enrollment of above 10,000—Minimum state planning 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 superintendent of public instruction.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-341-030, filed 7/25/06, effective 8/25/06. 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-341-037   Out of date state study and survey.   The ((state board of education, commencing January 1, 1985, or the)) superintendent of public instruction, commencing June 7, 2006, shall not grant approval of state funding assistance pursuant to WAC 392-341-040 to a district without consideration of a state study and survey conducted within the preceding six years that addresses such project.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-341-037, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-25-037, filed 11/27/85.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-341-040   State study and survey -- Superintendent of public instruction approval or denial.   Upon receipt of a request for one or more project approvals and after review of the state study and survey, together with recommendations and comments, the superintendent of public instruction shall in accordance with WAC 392-341-045 take one of the following actions:

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

     (2) Grant approval of state funding assistance for the construction and/or modernization of school facilities by authorizing the maximum area ((allowance)) allocation eligible for state ((financial)) funding 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 eligibility was approved or denied for additional state funding assistance pursuant to WAC 392-343-115 for one or more approved school plant projects or whether such decision 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 to the superintendent of public instruction. Upon receipt of the superintendent of public instruction approval, the school district is authorized to prepare educational specifications pursuant to chapter 392-342 WAC. Project approval shall become null and void one year from the date of the superintendent of public instruction action unless the district:

     (a) Obtains ((local)) capital funds to provide the ((districts share of the estimated cost)) local share required for state funding assistance;

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

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

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-341-040, filed 7/25/06, effective 8/25/06; 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-341-043   Superintendent of public instruction commitment at project approval.   The superintendent of public instruction project approval pursuant to WAC 392-341-040 defines the type of project and the maximum allowable square footage in which the state conditionally agrees to participate. There is no commitment whatsoever by the superintendent of public instruction or the state to any project or to any amount of state funding assistance. The superintendent of public instruction reserves the right to amend and/or repeal any rule(s) respecting state funding assistance in school building construction. Such rule changes may be made regardless of the negative and/or positive impact of such changes upon the eligibility of any project for state funding assistance and/or the extent of eligibility of any project for state funding assistance.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-341-043, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 86-04-065 (Order 1-86), § 180-25-043, filed 2/4/86.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-341-045   Approval criteria for state funding assistance.   The superintendent of public instruction shall conditionally agree to state funding assistance for a school facility or facilities for a school district that demonstrates the following:

     (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 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)) obtain capital funds to provide the local share required for state funding assistance: 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 392-345 WAC, interdistrict transportation cooperatives authorized by chapter 392-346 WAC, and modernization and new construction authorized by chapter 392-347 WAC.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-341-045, filed 7/25/06, effective 8/25/06; 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-341-060   Eligibility for state funding assistance for new construction -- Definition -- Contiguous school district.   As used in this chapter the term "contiguous school district" means a school district sharing a common boundary with another school district.

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-341-060, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.803, 28A.47.060, 28A.47.802 and 28A.47.105. 90-01-075, § 180-25-060, filed 12/19/89, effective 12/19/89.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-341-065   Eligibility for state funding assistance for new construction -- Definition -- Negotiate in good faith.   As used in this chapter the term "negotiate in good faith" means approach a school district with an available and suitable school facility with the intent to enter into an agreement to lease the facility.

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-341-065, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.803, 28A.47.060, 28A.47.802 and 28A.47.105. 90-01-075, § 180-25-065, filed 12/19/89, effective 12/19/89.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-341-070   Eligibility for state funding assistance for new construction -- Survey of suitable school facilities in contiguous school districts that are unused or underutilized.   A school district applying for state funding assistance for new construction shall conduct a documented survey of suitable school facilities in contiguous school districts that are unused or underutilized.

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-341-070, filed 7/25/06, effective 8/25/06; 98-19-139, § 180-25-070, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.803, 28A.47.060, 28A.47.802 and 28A.47.105. 90-01-075, § 180-25-070, filed 12/19/89, effective 12/19/89.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-341-075   Eligibility for state funding assistance for new construction -- Contents of survey.   The survey required in WAC 392-341-070 shall include at a minimum:

     (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.525.020. 06-16-032, amended and recodified as § 392-341-075, filed 7/25/06, effective 8/25/06. 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-341-080   Eligibility for state funding assistance for new construction -- Application to superintendent of public instruction -- Necessary documentation.   As part of the application submitted to the superintendent of public instruction, the district applying for state funding assistance for new construction shall include:

     (1) A copy of the survey conducted pursuant to WAC 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.525.020. 06-16-032, amended and recodified as § 392-341-080, filed 7/25/06, effective 8/25/06. 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-341-085   Eligibility for state funding assistance for new construction -- Review of survey of available and suitable school plant facilities in contiguous school districts.   The superintendent of public instruction shall review and approve the applicant school boards certification and supporting documentation submitted pursuant to WAC 392-341-080, if the certification is complete, technically accurate, and complies with all applicable rules and regulations. Until this certification and supporting documentation is approved by the superintendent of public instruction, the school district's application for state funding assistance will not be given further consideration.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-341-085, filed 7/25/06, effective 8/25/06. 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-341-090   Eligibility for state funding assistance for new construction -- Approval by the superintendent of public instruction of applicant's school district certification.   The superintendent of public instruction shall approve an applicant school district's certification of the unavailability of suitable school plant facilities in contiguous school districts if it is established to the superintendent of public instruction's satisfaction that vacant, available, and suitable school plant facilities neither exist nor are scheduled to exist within the foreseeable future in a contiguous school district.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-341-090, filed 7/25/06, effective 8/25/06. 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-341-200   Forms.   ((Commencing January 1, 1986,)) Forms applicable to provisions of this chapter for school facilities ((requested after such date)) shall be as follows:

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

     (2) State planning grants to districts pursuant to WAC 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 392-341-040 shall be designated as SPI Form D-3.

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

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-341-200, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-25-200, filed 11/27/85.]

OTS-2869.1


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-342-005   Authority.   This chapter is adopted pursuant to RCW 28A.525.020 relating to authority of the 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 funding 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. 06-16-032, amended and recodified as § 392-342-005, filed 7/25/06, effective 8/25/06; 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-342-020   Site review and evaluation.   The superintendent of public instruction together with the school district shall conduct a review and evaluation of sites for new and existing state funding assisted projects. In selecting sites for schools, a district shall consider the following:

     (1) The property upon which the school facility is or will be located is free of all encumbrances that would detrimentally interfere with the construction, operation, and useful life of the facility;

     (2) The site is of sufficient size to meet the needs of the facility. The minimum acreage of the site should be five usable acres and one additional usable acre for each one hundred students or portion thereof of projected maximum enrollment plus an additional five usable acres if the school contains any grade above grade six. A district considering the use of a site that is less than the recommended minimum usable acreage should assure that:

     (a) The health and safety of the students will not be in jeopardy;

     (b) The internal spaces within the proposed facility will be adequate for the proposed educational program;

     (c) The neighborhood in which the school facility is or will be situated will not be detrimentally impacted by lack of parking for students, employees, and the public; and

     (d) The physical education and recreational program requirements will be met.

     (3) A site review or predesign conference has been conducted with all appropriate local code agencies in order to determine design constraints;

     (4) A geotechnical engineer has conducted a limited subsurface investigation to gather basic information regarding potential foundation and subgrade performance.

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-342-020, filed 7/25/06, effective 8/25/06; 98-19-140, § 180-26-020, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 24 (8)(e). 94-01-014, § 180-26-020, filed 12/3/93, effective 1/3/94; 93-07-104, § 180-26-020, filed 3/23/93, effective 4/23/93. Statutory Authority: RCW 28A.525.020 and 28A.525.164. 91-12-057, § 180-26-020, filed 6/5/91, effective 7/6/91. Statutory Authority: RCW 28A.47.830. 83-21-065 (Order 10-83), § 180-26-020, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-342-025   Racial imbalance prohibition -- Definition and acceptance criteria.   The superintendent of public instruction shall not accept a site unless the applicant district provides assurances that its attendance policies for the proposed or modernized school facility will not create or aggravate racial imbalance within the boundaries of the applicant school district. For the purpose of this chapter, racial imbalance shall be defined as the situation that exists when minority enrollment (as defined by current federal categories) of a school plant facility is as follows:

     (1) General rule. As a general rule -- except for greater than fifty percent minority school districts -- racial imbalance shall be defined as the situation that exists:

     (a) When the combined minority enrollment of a school exceeds the district-wide combined minority percentage by twenty percentage points or more; or

     (b) When a school's enrollment of a single minority group with a district-wide enrollment of less than thirty percent exceeds fifty percent; or

     (c) When a school's enrollment of a single minority group with a district-wide enrollment of thirty percent or more exceeds the minority group's district-wide percentage by twenty percentage points or more.

     (2) Greater than fifty percent minority districts. This is a school district with a district-wide combined minority enrollment that exceeds fifty percent. Racial imbalance in a greater than fifty percent minority, nonmultiracial school district shall be defined as existing:

     (a) When the combined minority enrollment of a school varies from the district-wide combined minority percentage by more than plus or minus twenty-five percentage points; or

     (b) When a school's enrollment of a single minority group with a district-wide enrollment of less than thirty percent exceeds fifty percent; or

     (c) When a school's enrollment of a single minority group with a district-wide enrollment of thirty percent or more exceeds the minority group's district-wide percentage by twenty percentage points or more.

     (3) Greater than fifty percent minority, multiracial districts. This is a school district with a district-wide combined minority enrollment that exceeds fifty percent and consists of two or more minority group enrollments which are each greater than twenty percent. Racial imbalance in a greater than fifty percent minority, multiracial school district shall be defined as existing:

     (a) When the combined minority enrollment of a school varies from the district-wide combined minority percentage by more than plus or minus twenty-five percent percentage points; or

     (b) When a school's enrollment of a single minority exceeds the combined district-wide minority percentage.

     (4) Exclusions -- This policy does not apply to:

     (a) Public schools located on American Indian reservations; or

     (b) School ((buildings)) facilities which are the sole site within a school district for the conduct of a regular or special needs program for students of the age(s) or grade level(s) served at the site; or

     (c) Student enrollments in programs established and conducted to address extraordinary educational needs, such as bilingual orientation programs, where the assignment and enrollment of students are based solely upon their extraordinary educational needs, the enrollment of students in the program is limited to the duration of their extraordinary educational need, and adherence to the policy would defeat the educational purpose of the program.

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-342-025, filed 7/25/06, effective 8/25/06; 94-20-055, § 180-26-025, filed 9/30/94, effective 10/31/94. Statutory Authority: RCW 28A.47.830. 84-11-046 (Order 5-84), § 180-26-025, filed 5/17/84; 83-21-065 (Order 10-83), § 180-26-025, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-342-050   Option to request preliminary funding status prior to proceeding pursuant to WAC 392-342-040.   As used in chapters 392-342, 392-343, and 392-344 WAC, the term "preliminary funding status" shall mean the project shall be considered for approval pursuant to WAC 392-344-107 prior to projects without such preliminary funding status and shall be eligible for state funding assistance pursuant to the superintendent of public instruction rules pertaining to eligible square footage, ((area cost allowance)) construction cost allocation for the fiscal year funded, and priorities in effect at the time such status is granted. Any district may request the superintendent of public instruction to grant preliminary funding status for any project ((with secured local)) that obtained capital funds to provide the local share required for state funding assistance and has the authority to proceed pursuant to WAC 392-342-040. The superintendent of public instruction shall grant such approval if in the judgment of the superintendent of public instruction such project will receive approval pursuant to WAC 392-344-107 within one year.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-342-050, filed 7/25/06, effective 8/25/06. 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-342-057   The superintendent of public instruction project commitment at preliminary funded status.   When preliminary funding status for a project is requested and granted pursuant to WAC 392-342-050, the superintendent of public instruction commitment is limited to the eligibility of the project for state funding assistance, the eligible square footage, the ((area)) construction cost ((allowance)) allocation for the fiscal year funded and the priority standing of the project as determined pursuant to the state ((building)) construction assistance rules in effect at that time. This commitment is effective only for the initial one-year period set forth at WAC 392-342-060. The superintendent of public instruction reserves the right to amend and/or repeal any rule(s) respecting state funding assistance in school ((building)) facility construction. Such rule changes may be made regardless of the impact upon the eligibility of any project and/or the extent of eligibility of any project for state funding assistance.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-342-057, filed 7/25/06, effective 8/25/06. 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-342-200   Forms.   ((Commencing January 1, 1986,)) Forms applicable to the provisions of this chapter for school facilities ((projects after such date)) shall be as follows:

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

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

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-342-200, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-26-200, filed 11/27/85.]

OTS-2870.1

Chapter 392-343 WAC

STATE FUNDING ASSISTANCE IN PROVIDING SCHOOL PLANT FACILITIES -- BASIC STATE SUPPORT


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-005   Authority.   This chapter is adopted pursuant to RCW 28A.525.020 relating to authority of the 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 funding 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. 06-16-032, amended and recodified as § 392-343-005, filed 7/25/06, effective 8/25/06; 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-010   Purpose.   The purpose of this chapter is to set forth provisions applicable to ((basic)) state ((support and)) funding assistance in the construction of school facilities, including the superintendent of public instruction approval criteria. The limitations set forth represent the level of state ((support)) funding assistance within moneys available and are not to be interpreted as maximum criteria to meet the educational requirements of all school districts, the determination of such criteria being the prerogative of respective school districts.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-010, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-010, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-015   State board policy.   (1) In the interpretation of the regulations in this chapter, the superintendent of public instruction shall be guided by the following state board of education policy:

     (a) To equate insofar as possible the efforts by districts to provide capital moneys;

     (b) To equalize insofar as possible the educational opportunities for the students of the state;

     (c) To establish a level of state ((support)) funding assistance for the construction and modernization of school facilities consistent with moneys available; and

     (d) To recognize that districts may have reasons to remove district facilities from current inventories and provide consistent statewide policies for removal.

     (2) Nonhigh district participation in financing the cost of secondary school facilities shall be established pursuant to the provisions of chapter 28A.540 RCW.

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-343-015, filed 7/25/06, effective 8/25/06; 98-19-143, § 180-27-015, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990 c 33. 90-17-009, § 180-27-015, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830, 28A.47.060 and 28A.47.802. 90-01-076, § 180-27-015, filed 12/19/89, effective 12/19/89. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-015, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-016   Rules determining eligibility and timing of state funding assistance.   The eligibility for and the amount of state funding assistance shall be determined as outlined in WAC 392-343-020. The prioritization and timing for receipt of state funding assistance for eligible projects shall be determined by WAC 392-343-500.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-016, filed 7/25/06, effective 8/25/06; 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-020   Related factors and formula for determining amount of state funding assistance.   (1) The amount of state funding assistance to a school district to provide school facilities shall be determined on the basis of component factors, as hereinafter set forth in this chapter, relating to:

     (a) The number of unhoused students;

     (b) Space allocations;

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

     (d) ((Area)) Construction cost ((allowance)) allocation 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 funding assistance for an approved project shall be derived by multiplying the state funding assistance 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 392-343-035 by the ((area)) construction cost ((allowance)) allocation as set forth in WAC 392-343-060;

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

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

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

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

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

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

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

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

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

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-020, filed 7/25/06, effective 8/25/06. 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-025   State ((matching)) funding assistance percentage -- General.   (1) The ((percentage of)) state funding assistance percentage for which a school district is eligible, if otherwise qualified under prevailing statutory provisions and rules and regulations of the superintendent of public instruction, shall be determined in accordance with the ((matching)) state funding assistance percentage formula set forth in RCW 28A.525.166.

     (2) In the event the ((percentage of)) state funding assistance percentage 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 funding assistance under statutory provisions and the superintendent of public instruction regulations, the percentage for such district shall be twenty percent of the ((matchable cost)) state allowable costs of the project.

     (3) In addition to the computed ((percent of)) state funding assistance percentage 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 funding assistance percentage 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)) funding assistance exceed one hundred percent of the maximum allowable cost of the project.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-025, filed 7/25/06, effective 8/25/06. 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-030   Applicable state ((matching)) funding assistance percentage for project.   Pursuant to provisions of RCW 28A.525.168, the ((percentage of)) state funding assistance percentage used for the allocation of state moneys shall be the highest amount prevailing at the time of:

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

     (2) 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)) funding assistance precludes the issuance of such approval(s), the district shall retain the higher ((percentage of)) state funding assistance percentage 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. 06-16-032, amended and recodified as § 392-343-030, filed 7/25/06, effective 8/25/06; 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-032   Growth impact fees and mitigation payments.   Notwithstanding the financial requirements of WAC 392-343-030, districts may use growth impact fees as provided for in RCW 82.02.020, 82.02.050 through 82.02.100, 58.17.060 and 58.17.110 and mitigation payments as provided for in RCW 43.21C.060 of the State Environmental Policy Act to assist in capital construction projects. The impact fees and payments collected pursuant to the above cited statutes((,)) may be used by the district ((as)) to provide the local ((match)) funding share required for state ((assisted capital projects)) funding assistance and may not be substituted for the amount of state funding assistance that would otherwise be provided for school capital projects. ((Mitigation payments as provided for in RCW 43.21C.060 of the State Environmental Policy Act may be used by the district as local match funding and may not be substituted for the amount of state assistance that would otherwise be provided for school capital projects.))

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-032, filed 7/25/06, effective 8/25/06; 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-035   Space allocations.   (1) State funding assistance in the construction of school facilities for grades kindergarten through twelve and classrooms planned for the exclusive use of students with developmental disabilities shall be based on a space ((allowance)) allocation per enrolled student and for state ((matching)) funding assistance purposes shall be computed in accordance with the following table:


     Through

June 30, 2006

Beginning

July 1, 2006

Grade or Area Maximum

((Matchable Area)) Space Allocation

Per Student

Maximum

((Matchable Area)) Space Allocation

Per Student

Grades kindergarten through six 80 square feet 90 square feet
Grades seven and eight 110 square feet 117 square feet
Grades nine through twelve 120 square feet 130 square feet
Classrooms for students with developmental disabilities 140 square feet 144 square feet

For purposes of this subsection, students with developmental disabilities shall be counted as one student for each such student assigned to a specially designated self-contained classroom for students with developmental disabilities for at least one hundred minutes per school day, calculated on actual headcount enrollment submitted to the superintendent of public instruction.

     (2) State funding assistance for construction of vocational skill centers shall be based on one-half of students enrolled on October 1 and computed as follows:


Type of Facility Maximum ((Matchable Area)) Space Allocation

Per One-Half

Enrolled Student

Skill Centers 140 square feet

     (3) Space ((allowance)) allocation for state ((matching)) funding assistance purposes for districts with senior or four-year high schools with fewer than four hundred students shall be computed in accordance with the following formula:


Number of Headcount

Student-Grades 9-12

Maximum

((Matchable Area)) Space Allocation

Per Facility

0-100 37,000 square feet
101-200 42,000 square feet
201-300 48,000 square feet
301-or more 52,000 square feet

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-343-035, filed 7/25/06, effective 8/25/06; 05-19-108, § 180-27-035, filed 9/20/05, effective 10/21/05; 01-19-044, § 180-27-035, filed 9/14/01, effective 10/15/01; 98-19-143, § 180-27-035, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 84-11-047 (Order 6-84), § 180-27-035, filed 5/17/84; 83-21-066 (Order 11-83), § 180-27-035, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-045   Space allocations -- Enrollment projection provisions.   In planning for construction of all school facilities, a school district shall estimate capacity needs on the basis of the following:

     (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 developmental 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 developmental disabilities shall be counted as provided under WAC 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. 06-16-032, amended and recodified as § 392-343-045, filed 7/25/06, effective 8/25/06; 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-050   Space allocations -- Computing building capacity.   The net total area of a school facility eligible for state ((matching purposes)) funding assistance shall be calculated as follows:

     (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 392-343-035 and the square foot area analysis set forth in WAC 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 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. 06-16-032, amended and recodified as § 392-343-050, filed 7/25/06, effective 8/25/06; 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-053   State moneys for studies and surveys.   State ((moneys)) planning grant for school district studies and surveys conducted pursuant to chapter 392-341 WAC shall be available even though the superintendent of public instruction deems it necessary to order a priority approval process pursuant to WAC 392-343-054. At the beginning of each biennium, the superintendent of public instruction shall estimate the amount of money((s)) necessary for allocation to districts for studies and surveys and not make such money((s)) available for any other purpose. In the event the estimated amount proves to be insufficient, the superintendent shall set aside additional money((s)).

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-053, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 85-04-008 (Order 2-85), § 180-27-053, filed 1/25/85.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-056   Funding during the period of a priority approval process order by the superintendent of public instruction.   During the period of a priority approval process imposed by order of the superintendent of public instruction school construction projects shall receive final approval pursuant to WAC 392-344-107 as follows:

     (1) On or after July 1 following the 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 392-344-107 as per the applicable priority list in WAC 392-343-500. Only school construction projects with the superintendent of public instruction approval under WAC 392-341-045 and secured ((local)) capital funds to provide the local share required for state funding assistance by January 31 of the previous state fiscal year and eligible for final approval pursuant to WAC 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 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 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 392-344-107 shall be combined with new school construction projects that have secured ((local)) capital funds to provide the local share required for state funding assistance by January 31 of the state fiscal year and that are eligible, pursuant to WAC 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. 06-16-032, amended and recodified as § 392-343-056, filed 7/25/06, effective 8/25/06; 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-057   State funding assistance -- Deferred payment.   In the event state ((moneys are)) funding assistance is not sufficient for a school district project, a school district may proceed at its own financial risk. At such time state ((moneys)) funding assistance becomes available, reimbursement may be made for the project provided the provisions of chapter 392-344 WAC have been complied with.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-057, filed 7/25/06, effective 8/25/06; 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-060   Determining the ((area)) construction cost ((allowance)) allocation.   (1) The ((area)) construction cost ((allowance)) allocation for state funding assistance shall apply to the cost of construction of the total facility and grounds, including state sales and use taxes generally levied throughout the state of Washington and excluding those local option sales and use taxes levied by political subdivisions.

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

     (3) The superintendent of public instruction's office shall work with appropriate parties to develop a method for determining the annual construction inflation factor.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-060, filed 7/25/06, effective 8/25/06. 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-065   Educational specifications.   (1) Only school facility projects which are complete new facilities or modernization projects pursuant to chapter 392-347 WAC are eligible for state funding assistance in the preparation of education specifications.

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

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

     (b) Ten thousand dollars.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-065, filed 7/25/06, effective 8/25/06. 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-070   Architectural and engineering services.   School districts shall select their architectural and engineering consultants in accordance with chapter 39.80 RCW. As required by RCW 39.80.050, the district shall negotiate a contract with the most qualified consultants at a price which the school district determines is fair and reasonable. In making its determination, the district shall take into account the estimated value of the services to be rendered based upon the scope and complexity of the project.

     The ((allocation of state moneys for matching purposes for a school facility project shall be based on architectural and engineering services as defined by)) state maximum allowable cost for architecture and engineering services shall be based on 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 392-343-040 and project type, as set forth below:


     (1) New construction projects:

Architectural and Engineering Team Fee ((Matching)) Funding Assistance
Limitations

Square Feet of

Construction

Percent of

Construction Cost

0 - 3,699 10.0
3,700 - 7,349 9.0
7,350 - 10,999 8.75
11,000 - 14,649 8.5
14,650 - 18,299 8.25
18,300 - 25,699 8.0
25,700 - 36,699 7.75
36,700 - 54,999 7.5
55,000 - 73,399 7.25
73,400 - 100,999 7.0
101,000 - 128,449 6.75
128,450 - 155,999 6.5
156,000 - 183,499 6.25
183,500 & above 6.0

     (2) Modernization projects:

     For modernization projects, the limits of state ((participation)) funding assistance 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. 06-16-032, amended and recodified as § 392-343-070, filed 7/25/06, effective 8/25/06; 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-075   Energy conservation report.   In compliance with the provisions of chapter 39.35 RCW, school districts constructing school facilities shall complete an energy conservation report for any new construction or for additions to and modernization of existing school facilities which will be reviewed by the Washington state department of general administration. One copy of the energy conservation report, approved by the district board of directors, shall be filed with the superintendent of public instruction. The amount of state funding assistance for which a district is eligible for the preparation of the energy conservation report shall be the state ((matching)) funding assistance percentage multiplied by ten thousand dollars. The amount of state funding assistance for which a district is eligible shall be the state ((matching)) funding assistance percentage multiplied by the fee charged.

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-343-075, filed 7/25/06, effective 8/25/06; 98-19-143, § 180-27-075, 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, § 180-27-075, filed 11/24/92, effective 12/25/92. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-075, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 08-09-023, filed 4/8/08, effective 5/9/08)

WAC 392-343-080   Value engineering studies, constructability reviews, and building commissioning -- Requirements and definition.   At the appropriate time in the design process for a school facility approved by the superintendent of public instruction, the district shall prepare a value engineering study, complete a constructability review, and perform building commissioning for all projects greater than fifty thousand square feet. Value engineering studies and constructability reviews shall be optional for projects larger than fifteen thousand square feet but less than fifty thousand square feet. Any project which includes fifteen thousand square feet or less shall be exempt from this requirement. For projects subject to chapter 39.35D RCW, building commissioning must be performed for all projects over five thousand square feet. For the purpose of this section, a value engineering study is defined as a cost control technique which is based on the use of a systematic, creative analysis of the functions of the facility with the objective of identifying unnecessary high costs or functions and/or identifying cost savings that may result in high maintenance and operation costs. The study shall consist of a forty-hour workshop involving a minimum of a five-person team pursuant to WAC 392-344-065. A constructability review is defined as a cost control technique which is based on the review of project documents by mechanical, electrical, structural, construction, and design professionals prior to a request for bids. The purpose of a constructability review is to identify potential claim or problem areas and deficiencies that may occur as a result of errors, ambiguities, omissions, discrepancies, and conflicts in design documents. The study shall consist of a forty-hour workshop involving a minimum of a five-person team pursuant to WAC 392-344-066. Building commissioning is defined as the process of verifying that the installation and performance of selected building systems meet or exceed the specified design criteria and therefore satisfy the design intent. Building commissioning shall include a physical inspection, functional performance testing, listing of noted deficiencies, and a final commissioning report. Building commissioning shall be performed by a professional agent or authority not contractually or otherwise financially associated with the project design team or contractor. A district shall be eligible for state funding assistance for a value engineering study, a constructability review, and building commissioning for each qualifying project. ((The maximum amount of assistance for value engineering studies and constructability reviews of the study package shall be the state matching percentage multiplied by the greater of the following:

     (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.

     The maximum amount of assistance for building commissioning shall be as follows:

     (a) Seven thousand five hundred dollars for projects larger than five thousand square feet but less than ten thousand square feet;

     (b) Ten thousand dollars for projects ten thousand square feet but less than fifteen thousand square feet;

     (c) The larger of the following for projects fifteen thousand square feet and above:

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

     (ii) Twenty thousand dollars.)) (1) The maximum amount of state funding assistance for value engineering studies and constructability reviews of the study package shall be the state funding assistance percentage multiplied by the greater of the following:

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

     (b) Twenty thousand dollars.

     (2) The maximum amount of state funding assistance for building commissioning shall be:

     (a) Seven thousand five hundred dollars for projects larger than five thousand square feet but less than ten thousand square feet;

     (b) Ten thousand dollars for projects ten thousand square feet but less than fifteen thousand square feet;

     (c) The larger of the following for projects fifteen thousand square feet and above:

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

     (ii) Twenty thousand dollars.

[Statutory Authority: RCW 28A.525.020. 08-09-023, § 392-343-080, filed 4/8/08, effective 5/9/08; 06-16-032, amended and recodified as § 392-343-080, filed 7/25/06, effective 8/25/06. 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-085   Construction cost savings -- Sharing incentive.   The purpose of this section is to set forth provisions designed to further enhance cost effectiveness in the construction of exclusively new school facilities.

     (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)) maximum allowable construction cost((,)) as set forth in WAC 392-343-020 (2)(a).

     (2) The state ((matched)) funding assistance 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)) state maximum allowable costs for architectural and engineering services (WAC 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)) funding assistance under chapter 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 funding 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.525.020. 06-16-032, amended and recodified as § 392-343-085, filed 7/25/06, effective 8/25/06. 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-095   Support level -- Furniture and equipment allowances.   (1) ((A matchable)) State funding assistance allowance for furniture and equipment purchases shall be added to total construction cost of an approved school facilities project. The amount of state funding assistance for which a district is eligible shall be the eligible square foot area of the project multiplied by the ((area)) construction cost ((allowance)) allocation for the fiscal year funded and that product multiplied by:

     (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 developmental 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 392-343-035.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-095, filed 7/25/06, effective 8/25/06. 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-100   Special inspections and testing.   All special inspections and testing to be performed by independent sources as specified in the construction documents shall be ((matched)) allowed for state funding assistance in addition to the construction costs subject to the approval of the superintendent of public instruction. For the purposes of this section, special inspections shall be those special inspections required under the State Building Code.

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-343-100, filed 7/25/06, effective 8/25/06; 04-23-009, § 180-27-100, filed 11/4/04, effective 12/5/04. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-100, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-102   Construction management.   Prior to commencing with project design the district shall employ or contract personnel to perform professional construction management. Construction management shall be required for all projects greater than fifty thousand square feet and is optional for projects fifty thousand square feet or less. For the purpose of this section construction management is defined as the process of professional management applied to a construction program for the purpose of controlling time, cost, and quality.

     The construction manager shall have appropriate and demonstrable experience in the management of construction projects including procurement, contract administration, scheduling, budgets, quality assurance, information management, and health and safety.

     The amount of state funding assistance for which a district shall be eligible for construction management shall be the state ((matching)) funding assistance percentage multiplied by two and one-half percent of the ((area)) construction cost ((allowance)) allocation multiplied by the square foot area for the fiscal year funded.

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-343-102, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, § 180-27-102, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.525.020. 00-09-045, § 180-27-102, filed 4/14/00, effective 5/15/00; 99-24-127, § 180-27-102, filed 12/1/99, effective 1/1/00.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-110   Support level -- Federal moneys.   A school district determined to be eligible for moneys made available by acts of congress for school facility construction, including but not limited to Public Law 815 moneys, shall complete the following steps:

     (1) Make application for such moneys, which requirement shall be prerequisite for a preliminary or provisional allocation of state ((matching moneys)) funding assistance;

     (2) Furnish evidence of the availability of such federal moneys, which requirement shall be a prerequisite for a final allocation of state moneys: Provided, That nothing in this section shall restrict a school district from receipt of federal moneys otherwise provided for specific purposes in accordance with the conditions imposed by the federal government incumbent upon the recipient school district; and

     (3) Include the number of square feet in school facilities constructed with federal moneys and used for instructional purposes in the district's inventory which will decrease district eligibility for state ((moneys)) funding assistance by an equal number.

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-343-110, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-110, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-115   Support level -- Additional state funding assistance.   State funding assistance in addition to the amount determined pursuant to WAC 392-343-020 may be allowed for the purposes and in accordance with the requirements set forth in this section: Provided, That in no case shall the state funding assistance exceed one hundred percent of the amount calculated for ((matching)) state funding assistance purposes: In each of the following exceptions, either at the time the project is approved pursuant to WAC 392-341-040 or at any time prior to receiving secured funding status pursuant to WAC 392-344-107, written school district application for additional state funding assistance and the superintendent of public instruction approval is required:

     (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 superintendent of public instruction determines that the voters of the school district have authorized the issuance of bonds to its legal limit, the superintendent of public instruction shall provide state ((financial)) funding assistance for the remaining cost of the building to a level not exceeding the ((area)) construction cost ((allowance)) allocation for the fiscal year funded: Provided, That at any time thereafter when the 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)) funding assistance which might otherwise be provided to such district.

     (2) Interdistrict cooperative centers.

     In the financing of interdistrict cooperative projects as set forth in chapter 392-345 WAC, the superintendent of public instruction shall allocate at seventy-five percent of the total approved project cost determined eligible for state ((matching)) funding assistance 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 superintendent of public instruction to have a school housing emergency requiring an allocation of state ((moneys)) funding assistance in excess of the amount allocable under the statutory formula may be considered for an additional allocation of ((moneys)) state funding assistance: Provided, That the school district must have authorized the issuance of bonds to its legal capacity to meet the statutory and the superintendent of public instruction fiscal requirements for state funding assistance in providing school facilities.

     The total amount of state ((moneys)) funding assistance allocated shall be the total approved project cost determined eligible for state ((matching)) funding assistance purposes multiplied by the districts' regular ((match rate)) state funding assistance percentage 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 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 superintendent of public instruction shall ((match)) provide state funding assistance based on 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 392-342-025 shall receive state funding assistance under this subsection in the amount of an additional ten percentage points above the ((matching)) state funding assistance 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 funding assistance at seventy-five percent of the ((square foot)) construction cost ((allowance)) allocation 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 funding 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 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 superintendent of public instruction finds that the school facility does not remain racially balanced for five years then the amount of additional state funding 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)) funding assistance which might otherwise be provided to such district.

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

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-115, filed 7/25/06, effective 8/25/06. 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-120   Costs to be financed entirely with school district funds.   The cost of the following areas, facilities, and items shall not be eligible for ((the)) state ((matching purposes)) funding assistance:

     (1) The cost of area in excess of the space allocations as set forth in WAC 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)) allocations established by the superintendent of public instruction for state ((participation)) funding assistance 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. 06-16-032, amended and recodified as § 392-343-120, filed 7/25/06, effective 8/25/06; 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-125   Unforeseen costs.   The superintendent of public instruction shall not provide additional state funding assistance for unforeseen circumstances related to the construction project after the filing of construction contract(s) with the superintendent of public instruction except those required by change to the state building code as set forth in chapter 19.27 RCW.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-125, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-066 (Order 11-83), § 180-27-125, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-405   Instructional space inventory of school facilities -- Eligibility.   For purposes of determining district eligibility for state ((financial)) funding assistance for the new construction of school facilities, except for the new construction of school facilities for which an acceptable Form D-3 project request was on file with the superintendent of public instruction and local ((matching)) funds were secured prior to March 31, 1989, the superintendent of public instruction shall establish and maintain an instructional space inventory of all school facilities within the state of Washington. Such listing shall consist of the following:

     (1) Facility name;

     (2) Location (address);

     (3) Gross square footage;

     (4) Gross square footage of available instructional space (if different than subsection (3) of this section);

     (5) Date of construction, additions, and/or modernizations; and

     (6) Grade spans served in the facility.

     School facilities that are surplus and under lease per the provision of RCW 28A.335.040 are considered to be available for instructional activities and shall be included in the instructional space inventory.

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-343-405, filed 7/25/06, effective 8/25/06. Statutory Authority: 1990 c 33. 90-17-009, § 180-27-405, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830, 28A.47.060 and 28A.47.802. 90-01-076, § 180-27-405, filed 12/19/89, effective 12/19/89.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-425   Removal from instructional space inventory -- Replacement.   A school facility shall be removed from the superintendent of public instruction's instructional space inventory after it has been replaced with a school facility accepted by the school district board of directors on a square footage basis through one of the following actions:

     (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 392-347 WAC.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-425, filed 7/25/06, effective 8/25/06; 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-500   State funding assistance -- Priorities after June 30, 1992.   The priority system for the funding of school construction projects after June 30, 1992, shall be as follows: For all new construction and modernization projects for school districts, there will be a unique priority score determined by the elements and formulas contained in WAC 392-343-505 through 392-343-520. The total score shall be used to rank all projects that have secured local funding and state board of education approval after January 26, 1991, or the superintendent of public instruction approval after June 6, 2006, and are otherwise eligible for state funding assistance. The elements are divided into three groups:

     (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. 06-16-032, amended and recodified as § 392-343-500, filed 7/25/06, effective 8/25/06; 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-505   State funding assistance -- Common priority elements.   The four priority elements that are common to all projects are as follows:

     (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 funding 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 392-343-035 recognize for state funding 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 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 392-344-107.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-505, filed 7/25/06, effective 8/25/06; 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-510   State funding assistance -- New construction for growth priority factors.   The three factors that are related to new construction for growth are as follows:

     (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 392-343-045 for two grade categories, including preschool special education, compared to the formula capacity of existing space based on WAC 392-343-035 as computed per WAC 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 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. 06-16-032, amended and recodified as § 392-343-510, filed 7/25/06, effective 8/25/06. 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-515   Modernization or new-in-lieu of modernization priority elements.   The three priority elements that are related to modernization or new-in-lieu projects are as follows:

     (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 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 392-343-535) analysis for all categories other than access for persons with developmental 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 392-341-045. These scores shall be carried until the district requests a redetermination.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-515, filed 7/25/06, effective 8/25/06; 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-525   State funding assistance -- Priorities for co-ops.   For cooperative projects approved by the superintendent of public instruction under the authority of chapters 392-345 and 392-346 WAC, the following priority scores shall be assigned with similar projects ranked in order of date of approval with the earliest date ranked highest:

Type of Interdistrict

Cooperative Facility

Priority

Score

Vocational Skill Centers 25
Transportation Centers 10
Other Cooperative Facilities 20

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-525, filed 7/25/06, effective 8/25/06. 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-535   Existing building condition -- Evaluation.   Building condition and health and safety evaluations for purposes of determining priority scores and completing building inventories shall be conducted and reported to the superintendent of public instruction, utilizing an evaluation model and reporting forms for building type, history, equipage, condition, health and safety factors, and portables on site that shall be adopted and subject to revision from time to time by the superintendent of public instruction. The information provided by the district on these forms shall be subject to review by the staff or agents of the superintendent of public instruction, or to audit by the state auditor. Compliance with this requirement for all schools in a district is a requirement for the receipt of any state construction funding assistance for projects approved after January 26, 1991.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-535, filed 7/25/06, effective 8/25/06. 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-615   Emergency repair grant applications -- Repayment conditions.   Grants of emergency repair moneys shall be conditioned upon the written commitment and plan of the school district board of directors to repay the grant by waiving the school district's current or future eligibility for state ((building)) funding assistance under chapters 392-341 through 392-347 WAC, or with insurance payments, or with any judgment(s) that have been awarded, or with other means and sources of repayment. Any such written commitment and plan for repayment may subsequently be modified by mutual agreement between the school district board of directors and the superintendent of public instruction.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-343-615, filed 7/25/06, effective 8/25/06; 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.]

OTS-2874.1


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-344-005   Authority.   This chapter is adopted pursuant to RCW 28A.525.020 relating to authority of the 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 funding 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. 06-16-032, amended and recodified as § 392-344-005, filed 7/25/06, effective 8/25/06; 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-344-010   Purpose.   The purpose of this chapter is to set forth the procedures governing all applications for state funding assistance, allocations of state funds, and disbursements by school districts and the superintendent of public instruction for school facility projects approved for state funding assistance by the superintendent of public instruction. The superintendent of public instruction shall prescribe and furnish forms for the purposes set forth in this chapter.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-344-010, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-010, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-344-025   Superintendent of public instruction review.   Upon completion of the study and survey by the superintendent of public instruction and review by district board of directors, the study and survey and an application for state funding assistance from the district for the project(s) to be considered shall be reviewed by the superintendent of public instruction. Superintendent of public instruction approval of a proposed project(s) shall establish the maximum ((matchable)) eligible area and estimated amount of state ((financial)) funding assistance based upon the information furnished in the study and survey.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-344-025, filed 7/25/06, effective 8/25/06; 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-344-055   Architect-engineer contracts.   Architects and engineers employed on approved school facility projects involving state school ((building moneys)) funding assistance shall be licensed to practice in the state of Washington. Contract(s) between the school district and the architects and engineers shall stipulate the maximum amount of the fee and the duties, i.e., scope of work, to be performed as required in chapter 392-343 WAC.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-344-055, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-055, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-344-075   Contracts -- Filing.   The school district shall submit to the superintendent of public instruction one copy of the following contracts for projects approved by the superintendent of public instruction for state funding assistance:

     (1) Educational specifications (WAC 392-344-050);

     (2) Architect-engineer (WAC 392-344-055);

     (3) Energy conservation report (WAC 392-344-060);

     (4) Value engineering (WAC 392-344-065);

     (5) Constructability review (WAC 392-344-066);

     (6) Building commissioning (WAC 392-344-067);

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

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-344-075, filed 7/25/06, effective 8/25/06; 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-344-080   Construction documents -- Bids and contract provisions.   The construction documents shall include the following bid and contract provisions:

     (1) Separate or combined bids. The school district shall determine if the bids for general, mechanical, or electrical are to be separate or combined.

     (2) Combination projects. For those projects which include a combination of both new construction and modernization, bid documents shall provide for separate and distinct bids for each and shall, when combined, be the low bid for the project.

     (3) Ineligible items. Items ineligible for state ((matching)) funding assistance shall be bid separate or as an alternate.

     (4) Bid law. All items included in the construction documents shall be bid in accordance with RCW 28A.335.190 and 43.19.1906.

     (5) Commercial all-risk property insurance. Provision for commercial all-risk property insurance is mandatory for all school facilities under construction. The insurance shall cover at a minimum the amount of the work in place and materials to be used in the project which is in place and on the site. A certificate of insurance shall be submitted to the superintendent of public instruction that insurance is provided for by the contractor or the school district. Only costs for insurance provided for in the construction documents will be ((matched)) eligible for state funding assistance.

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-344-080, filed 7/25/06, effective 8/25/06; 98-23-034, § 180-29-080, filed 11/10/98, effective 12/11/98. Statutory Authority: 1990 c 33. 90-17-009, § 180-29-080, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-080, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 08-20-008, filed 9/18/08, effective 10/19/08)

WAC 392-344-085   Construction and other documents -- Submittal.   (1) For the purpose of determining that the provisions set forth in chapters 392-341 through 392-344 WAC have been complied with prior to the opening of bids of any project to be financed with state ((moneys)) funding assistance, the school district shall have on file with the superintendent of public instruction the following:

     (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 392-344-090;

     (d) Area analysis on a form approved by the superintendent of public instruction in accordance with chapter 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 392-343-100;

     (f) School district board acceptance of a value engineering report and its implementation.

     The report shall include the following:

     (i) A brief description of the original design;

     (ii) A brief description of the value engineering 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) Certification by the school district that a constructability review report was completed.

     The report shall include:

     (i) A brief description of the constructability review methodology used;

     (ii) The area analyzed;

     (iii) The recommendations accepted; and

     (iv) A brief statement explaining why each recommendation not accepted was rejected;

     (h) Completed Building Condition Evaluation Forms (BCEF) as required by WAC 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 superintendent of public instruction as per WAC 392-344-025 which will result in an increase in state ((support)) funding assistance, a new application must be submitted to the superintendent of public instruction.

[Statutory Authority: RCW 28A.525.020. 08-20-008, § 392-344-085, filed 9/18/08, effective 10/19/08; 06-16-032, amended and recodified as § 392-344-085, filed 7/25/06, effective 8/25/06; 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-344-107   Bid opening -- Superintendent of public instruction approval.   (1) A school district shall not open bids until receiving written approval of the superintendent of public instruction. Such approval shall not be granted if more than one year has passed since the project received preliminary funding status pursuant to WAC 392-342-050.

     (2) The superintendent of public instruction shall grant approval if moneys are available for state funding assistance and the required documents pursuant to WAC 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 funding 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 392-343-057.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-344-107, filed 7/25/06, effective 8/25/06. 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-344-1075   Superintendent of public instruction commitment when district is authorized to open bids.   When a district is granted approval to open bids pursuant to WAC 392-344-107, the superintendent of public instruction is committed as provided at WAC 392-344-107 as well as to all other state ((building)) funding assistance determinations including but not limited to additional state funding assistance and professional fees determined pursuant to state ((building)) funding assistance rules and regulations in effect at the time such approval to open bids is granted. This commitment is subject to the district's compliance with the time limitation for requesting an authorization for contract award as set forth in WAC 392-344-108.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-344-1075, filed 7/25/06, effective 8/25/06; 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-344-108   Condition precedent to approval to bid.   Any project for which the superintendent of public instruction authorizes a district to open bids pursuant to WAC 392-344-107 shall request an authorization for contract award pursuant to WAC 392-344-110 within ninety calendar days of receipt of approval pursuant to WAC 392-344-107: Provided, That the ninety-day period shall be automatically extended for an additional ninety calendar days if:

     (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 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 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 funding assistance by first reapplying for project approval pursuant to WAC 392-341-040.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-344-108, filed 7/25/06, effective 8/25/06. 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-344-115   Authorization for contract award.   (1) Upon receipt of the items as per WAC 392-344-110, the superintendent of public instruction shall:

     (a) Analyze the bids;

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

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

     (2) Authorization for contract award and allocation of state ((moneys)) funding assistance 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 392-341 WAC.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-344-115, filed 7/25/06, effective 8/25/06; 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-344-125   Award of contract(s).   Upon receipt of authorization to award contract(s) from the superintendent of public instruction, the board of directors of the school district shall award contract(s) for construction of the school facility project no later than the expiration of the time period permitted by the terms and conditions of the bid(s) for the award of contract(s). Immediately following the awarding of contract(s), the board of directors of the school district shall forward to the superintendent of public instruction one copy of each properly executed contract, one copy of the contractor's cost breakdown, and one copy of the contract(s) payment schedule. Such cost breakdown and payment schedule shall be displayed on a form issued and approved by the superintendent of public instruction in accordance with WAC 392-344-085 (1)(b). All state funding assistance-related approvals granted by the superintendent of public instruction under this chapter shall lapse and be null and void if a school district fails to award contract(s) within the time period permitted by the terms and conditions of the bid(s), unless noncompliance is waived for extraordinary reasons by the superintendent of public instruction.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-344-125, filed 7/25/06, effective 8/25/06. 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-344-130   Disbursement of moneys -- Sequence of payments.   The order in which funds shall be disbursed for school facility construction shall be as follows:

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

     (2) When local ((moneys)) funds have been expended as in subsection (1) of this section, payments ((from)) of state ((moneys)) funding assistance shall then be made: Provided, That for projects authorized for state funding assistance pursuant to WAC 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)) funding assistance has been or will be completed according to the purposes for which the state ((matching funds are)) funding assistance is being provided.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-344-130, filed 7/25/06, effective 8/25/06. 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-344-140   Disbursements of moneys by school district(s) -- Superintendent of public instruction filing.   At such time as the total amount of ((school district moneys)) local funds obligated by the school district have been expended, a signed statement by an authorized agent of the board of directors comprising a listing of all payments to contractors and others, including retainage, shall be submitted to the superintendent of public instruction.

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-344-140, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-140, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-344-145   Disbursement of moneys by superintendent of public instruction.   All school district claims for payment from state ((moneys)) funding assistance shall be submitted to the superintendent of public instruction on invoice vouchers provided by the superintendent of public instruction and shall be signed by the authorized agent of the school district. State warrants issued in payments, unless the school district agent designates a specific payee, shall be drawn payable to the school district. In all cases, warrants shall be transmitted to the school district for disposition.

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-344-145, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-145, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-344-147   Retained percentage law related requirements.   (1) State ((school building)) funding assistance is conditioned upon a school district's compliance with the cash, or bond in lieu of cash, retained percentage requirements of chapter 60.28 RCW and this section. A school district may elect to administer compliance with all requirements of chapter 60.28 RCW or, in part, designate the superintendent of public instruction as agent of the school district for purposes of administering retained percentage moneys reserved under RCW 60.28.011.

     (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 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 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 392-344-165.

[Statutory Authority: RCW 28A.525.020. 06-16-032, amended and recodified as § 392-344-147, filed 7/25/06, effective 8/25/06. 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.]


AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-344-150   Changes in contract cost.   The final contract cost shall be determined after inclusion of the net change due to additive and/or deductive change orders. If the final contract cost results in an increase above the original bid amount, the school district shall finance the entire increase. If the final contract cost results in a decrease from the original bid amount, the school district and the state shall share the amount of the decrease based on the ((matching ratio)) state funding assistance percentage in effect at the time of contract award. Copies of all change orders when executed and signed by the school district's authorized agent and the project architect/engineer shall be forwarded to the superintendent of public instruction.

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-344-150, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-150, filed 10/17/83.]

OTS-2871.1

Chapter 392-347 WAC

STATE FUNDING ASSISTANCE IN PROVIDING SCHOOL PLANT FACILITIES -- MODERNIZATION


AMENDATORY SECTION(Amending WSR 06-16-031, filed 7/25/06, effective 8/25/06)

WAC 392-347-005   Authority.   This chapter is adopted pursuant to RCW 28A.525.020 which authorizes the 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 funding assistance for school facilities are RCW 28A.525.030, 28A.525.040, and 28A.525.162 through 28A.525.178.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as § 392-347-005, filed 7/25/06, effective 8/25/06; 98-19-138, § 180-33-005, filed 9/23/98, effective 10/24/98. 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 WSR 06-16-031, filed 7/25/06, effective 8/25/06)

WAC 392-347-007   Purpose.   The purpose of this chapter is to set forth provisions applicable to ((basic)) state ((support and)) funding assistance in the modernization of existing school facilities.

[Statutory Authority: RCW 28A.525.020. 06-16-031, recodified as § 392-347-007, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-071 (Order 16-83), § 180-33-007, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 06-16-031, filed 7/25/06, effective 8/25/06)

WAC 392-347-013   Annually determined building replacement value.   The annually determined building replacement value for any building in any year is the state determined maximum ((area)) construction cost ((allowance)) allocation for July of that year times the gross square footage determined under WAC 392-343-040.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as § 392-347-013, filed 7/25/06, effective 8/25/06. Statutory Authority: [RCW 28A.525.020.] 91-12-058, § 180-33-013, filed 6/5/91, effective 7/6/91.]


AMENDATORY SECTION(Amending WSR 06-16-031, filed 7/25/06, effective 8/25/06)

WAC 392-347-015   Eligibility for state ((financial)) funding assistance.   (1) In order to be eligible for state ((financial)) funding assistance, a modernization project shall have as its principal purpose one or more of the following:

     (a) Bringing a facility into compliance with current building and health codes when so required by state or local health or safety officials;

     (b) Changing the grade span grouping by facility by the addition, deletion, or combination thereof of two or more grades within the affected facility;

     (c) The reduction of the number of operating school facilities in a district by combining the remaining school facilities through modernization and new capital construction so as to achieve more cost effective and efficient operation in the combined school facility or facilities. In order to be eligible for state ((financial)) funding assistance, such a project shall result in additional space for at least 100 additional pupils and the following enrollment in any combined facility:

     (i) Elementary school facility -- 500 pupils;

     (ii) Middle or junior high school facility -- 700 pupils;

     (iii) Senior high school facility -- 850 pupils:

     Provided, That modernization projects in school districts with a high school enrollment of less than 850 pupils need not comply with the enrollment figures set forth above: Provided further, That unless the district demonstrates the existence of unhoused students, state ((financial)) funding assistance for the new construction component of a combined modernization and new construction project shall be limited to the provision of WAC 392-347-040; or

     (d) Meeting the educational program of the facility.

     (2) School districts shall certify that a proposed modernization project will extend the life of the modernized school facility by at least twenty years.

     (3) School districts shall be ineligible for state funding assistance for modernization of any school facility accepted by the school district board of directors prior to January 1, 1993, where the principal purpose of that modernization project is to:

     (a) Restore building systems and subsystems that have deteriorated due to deferred maintenance;

     (b) Perform piecemeal work on one section or system of a school facility;

     (c) Modernize a facility or any section thereof which has been constructed within the previous twenty years;

     (d) Modernize a facility or any section thereof which has received state funding assistance under the authority of this chapter within the previous twenty years;

     (e) To modernize a senior high school facility in a district with a senior high school where there is existing space available to serve the students involved or affected in a neighboring senior high school without, in the judgment of the superintendent of public instruction, an undue increase in the cost of transporting the students to and from school, decrease in educational opportunity, or proportional increase in the cost of instruction pursuant to chapter 392-341 WAC.

     (4) School facilities accepted by the school district board of directors after January 1, 1993, shall be ineligible for state funding assistance for modernization of the facility or any section thereof where:

     (a) The facility was constructed and occupied within the previous thirty years;

     (b) The facility received state funding assistance under the authority of this chapter within the previous thirty years.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as § 392-347-015, filed 7/25/06, effective 8/25/06; 05-23-046, § 180-33-015, filed 11/9/05, effective 12/10/05; 91-12-058, § 180-33-015, filed 6/5/91, effective 7/6/91. Statutory Authority: RCW 28A.47.830. 85-24-049 (Order 26-85), § 180-33-015, filed 11/27/85; 85-09-060 (Order 8-85), § 180-33-015, filed 4/17/85; 83-21-071 (Order 16-83), § 180-33-015, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), § 180-33-015, filed 12/1/81.]


AMENDATORY SECTION(Amending WSR 06-16-031, filed 7/25/06, effective 8/25/06)

WAC 392-347-020   Formula for determining the amount of state funding assistance.   State funding assistance in an approved modernization project shall be derived by applying the ((percentage of)) state funding assistance percentage determined pursuant to provisions of RCW 28A.525.166 and WAC 392-343-025 to the eligible cost which shall be calculated by multiplying the approved square foot area of the modernization project by the ((area)) construction cost ((allowance)) allocation for the fiscal year funded, less any deductions as set forth in WAC 392-347-023 if applicable, by the factor in WAC 392-347-040 set forth, any cost in excess thereof shall be financed entirely by the school district.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as § 392-347-020, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, § 180-33-020, filed 9/14/01, effective 10/15/01. Statutory Authority: [RCW 28A.525.020.] 91-12-058, § 180-33-020, filed 6/5/91, effective 7/6/91. Statutory Authority: 1990 c 33. 90-17-009, § 180-33-020, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-071 (Order 16-83), § 180-33-020, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), § 180-33-020, filed 12/1/81.]


AMENDATORY SECTION(Amending WSR 09-10-023, filed 4/28/09, effective 5/29/09)

WAC 392-347-023   State funding assistance in post 1993 facilities.   As a condition precedent to receiving state funding assistance for modernization under WAC 392-347-015 or new-in-lieu of modernization under WAC 392-347-042, school districts that received state funding assistance for new and new-in-lieu school buildings and whose buildings were accepted as complete by school board of directors as of January 1, 1994, and later, shall adopt by board resolution and implement an asset preservation program (APP).

     (1) Definitions: For purposes of this chapter:

     (a) An asset preservation program is a systematic approach to ensure performance accountability; promote student health and safety by maintaining and operating building systems to their design capacity; maintain an encouraging learning environment; and extend building life, thus minimizing future capital needs.

     (b) An asset preservation system is a system of tasks or projects that are active, reactive, or proactive in maintaining the day to day health, safety, and instructional quality of the school facility and tasks or projects that are proactive, predictive or preventative in maintaining the school facility over its thirty-year expected life cycle.

     (c) A building condition evaluation is an evaluation of the condition of building components and systems using a standardized scoring matrix.

     (d) A building condition standard is a numeric scoring table with a scale identifying the expected condition score for each year of the building's expected life cycle.

     (2) The office of the superintendent of public instruction shall establish and adopt a uniform program of specifications, standards, and requirements for implementing and maintaining the asset preservation program.

     (3) School districts with affected buildings under this chapter are required to:

     (a) Adopt or implement an asset preservation system;

     (b) Annually perform a building condition evaluation and report the condition of such building to the school district's board of directors no later than April 1st of each year;

     (c) Thereafter in six year intervals during the thirty-year expected life span of the building, have a certified evaluator, as approved by the office of the superintendent of public instruction, perform a building condition evaluation and report the condition to the school district's board of directors and to the office of the superintendent of public instruction no later than April 1st.

     (4) A school district building affected under this chapter and that does not meet the minimum building condition standard score of forty points at the end of the thirty years from the accepted date shall:

     (a) Have its allowable cost per square foot used to determine the amount of state funding assistance in any modernization project reduced at a rate of two percent for each point below forty points, not to exceed a total twenty percent reduction; or

     (b) Be ineligible for state funding assistance when the building condition score is less than thirty points.

     (5) The following schedule shall apply to school districts with buildings affected under this chapter, and the requirements set forth shall replace the former requirements of this section:

     (a) Buildings accepted by the school board in 1994 must begin an asset preservation program in 2009, and shall fully implement the program within no more than one and one-half years;

     (b) Buildings accepted by the school board in 1995 must begin an asset preservation program in 2010, and shall fully implement the program within no more than one year;

     (c) Buildings accepted by the school board in 1996 through 2010 must begin an asset preservation program in 2011, and shall fully implement the program within no more than six months;

     (d) Buildings accepted by the school board after December 31, 2010, must implement an asset preservation program within six months of facility acceptance.

[Statutory Authority: RCW 28A.525.020. 09-10-023, § 392-347-023, filed 4/28/09, effective 5/29/09; 08-09-024, § 392-347-023, filed 4/8/08, effective 5/9/08; 06-16-031, amended and recodified as § 392-347-023, filed 7/25/06, effective 8/25/06; 01-09-012, § 180-33-023, filed 4/6/01, effective 5/7/01; 91-12-058, § 180-33-023, filed 6/5/91, effective 7/6/91.]


AMENDATORY SECTION(Amending WSR 06-16-031, filed 7/25/06, effective 8/25/06)

WAC 392-347-025   Space eligible for state ((financial)) funding assistance in modernization.   Student space ((allowance)) allocations and enrollment projection provisions for state ((matching purposes)) funding assistance.

     (1) In planning for modernization in any school facility, under the provisions of WAC 392-347-015 (1)(a) and (b), a school district shall estimate capacity needs on the basis of a cohort survival enrollment as per WAC 392-343-045. Any space above and beyond a school district's estimated capacity needs as calculated on the basis of a five-year cohort survival or adjusted cohort survival enrollment shall not be eligible for state ((financial)) funding assistance in modernization.

     (2) The changes to this section shall take effect January 1, 2006: Provided, That those districts having authorized bond issues and/or excess tax levies for their building funds for specific school construction projects as identified in ballot propositions on or before July 1, 2006, may, when requesting the superintendent of public instruction consideration of state funding assistance for such projects, determine, in computing the amount of eligible space for modernization, ((the state will match)) state funding assistance will be provided on the entire facility of three quarters of the overall square footage of the school districts' facilities is eligible for state ((financial)) funding assistance: Provided further, That the provision shall not be applicable to new construction in lieu of modernization facility projects authorized by this chapter.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as § 392-347-025, filed 7/25/06, effective 8/25/06; 05-19-109, § 180-33-025, filed 9/20/05, effective 10/21/05; 98-09-052, § 180-33-025, filed 4/16/98, effective 5/17/98. Statutory Authority: RCW 28A.525.020 and 1992 c 233 § 28 (8)(e). 94-13-020, § 180-33-025, filed 6/3/94, effective 7/4/94. Statutory Authority: RCW 28A.47.830. 85-24-049 (Order 26-85), § 180-33-025, filed 11/27/85; 83-21-071 (Order 16-83), § 180-33-025, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), § 180-33-025, filed 12/1/81.]


AMENDATORY SECTION(Amending WSR 06-16-031, filed 7/25/06, effective 8/25/06)

WAC 392-347-030   Certification of continued use.   Any school facilities modernized under WAC 392-347-015 must be used for at least five years beyond the completion of modernization. School directors will pass a resolution and submit it to the superintendent of public instruction that the modernized facility will be used for instructional purposes for five years after the completion of the project. If the school facility is not used for instructional purposes during this five-year period, the amount of state ((money)) funding assistance allocated and spent for the modernization project must be returned to the state school building construction fund. The five-year use requirement and the five year prohibition against additional modernization funding shall be waived in the event that a facility is rendered permanently unusable before the end of the five-year period by an unforeseen natural event. The definition of "unforeseen natural event" shall be as set forth in RCW 28A.150.290.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as § 392-347-030, filed 7/25/06, effective 8/25/06. Statutory Authority: 1990 c 33. 90-17-009, § 180-33-030, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 85-24-049 (Order 26-85), § 180-33-030, filed 11/27/85; 83-21-071 (Order 16-83), § 180-33-030, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), § 180-33-030, filed 12/1/81.]


AMENDATORY SECTION(Amending WSR 06-16-031, filed 7/25/06, effective 8/25/06)

WAC 392-347-035   Minimum project -- Forty percent of replacement costs.   (1) State funding assistance in modernization of school facilities shall be limited to projects which may include an entire facility or one or more complete buildings within a facility for which the estimated cost of major structural change is not less than forty percent of the estimated cost of replacement. The estimated cost of major structural change shall not include the estimated capital costs associated with restoring building systems or subsystems due to deterioration as determined in the study and survey to be caused by deferred maintenance. The estimated cost of replacement shall be derived from multiplication of the total square foot area of the facility or facilities proposed for modernization by the ((area)) construction cost ((allowance)) allocation for the fiscal year funded as in WAC 392-343-045 set forth.

     (2) The superintendent of public instruction may grant a waiver from subsection (1) of this section in the event of an unanticipated increase in the ((area)) construction cost ((allowance)) allocation that might cause prior approved projects expecting state funding assistance to become disqualified for such assistance.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as § 392-347-035, filed 7/25/06, effective 8/25/06; 05-19-110, § 180-33-035, filed 9/20/05, effective 10/21/05. Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, § 180-33-035, filed 9/14/01, effective 10/15/01. Statutory Authority: [RCW 28A.525.020.] 91-12-058, § 180-33-035, filed 6/5/91, effective 7/6/91. Statutory Authority: RCW 28A.47.830. 85-24-049 (Order 26-85), § 180-33-035, filed 11/27/85; 83-21-071 (Order 16-83), § 180-33-035, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), § 180-33-035, filed 12/1/81.]


AMENDATORY SECTION(Amending WSR 06-16-031, filed 7/25/06, effective 8/25/06)

WAC 392-347-040   Maximum costs eligible for state ((matching purposes)) funding assistance -- One hundred percent of replacement cost.   State funding assistance for modernization projects shall not exceed one hundred percent of the cost of new construction of a comparable school facility based on the prevailing level of state support as defined in chapter 392-343 WAC. Costs exceeding one hundred percent shall be paid with local funds by the ((local)) district.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as § 392-347-040, filed 7/25/06, effective 8/25/06; 05-19-111, § 180-33-040, filed 9/20/05, effective 10/21/05; 98-19-138, § 180-33-040, filed 9/23/98, effective 10/24/98. 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 06-16-031, filed 7/25/06, effective 8/25/06)

WAC 392-347-042   Replacement option.   A district with space eligible for modernization pursuant to WAC 392-347-015 and 392-347-025 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)) funding 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)) funding assistance for a period of ten years from the date that the superintendent of public instruction sends written notice to members of the local board recognizing the return of the building in whole or in part to instructional purposes. Districts exercising this election shall be limited in state funding assistance to the provision of WAC 392-347-040. 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 funding assistance shall meet the eligibility requirements for new construction or the new construction component requirement of WAC 392-347-015 (1)(c): Provided, That no new construction in lieu of modernization project may qualify for additional state funding assistance pursuant to WAC 392-343-115 unless the facility being replaced would have qualified pursuant to such section for additional state funding assistance as a modernization project.

     (3) The superintendent of public instruction may waive the provisions of this section for a period it determines is appropriate to the particular situation. A waiver request must be submitted in writing to the superintendent of public instruction. The superintendent of public instruction shall review the waiver request and approve or deny the request. The waiver request shall include, but not be limited to, the following information:

     (a) Description of the district's planning process;

     (b) Rationale why the need for the waiver request was not anticipated;

     (c) The requested length of time of the waiver;

     (d) The availability of funding for proposed projects;

     (e) List of specific projects and timelines;

     (f) List of the specific student groups that will use the facility;

     (g) Rationale why this is the best use of facilities and public funds;

     (h) Assurance that the facility meets health and safety standards for occupancy.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as § 392-347-042, filed 7/25/06, effective 8/25/06; 01-14-019, § 180-33-042, filed 6/26/01, effective 7/27/01; 98-19-138, § 180-33-042, filed 9/23/98, effective 10/24/98. 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.]


AMENDATORY SECTION(Amending WSR 09-16-031 [06-16-031], filed 7/25/06, effective 8/25/06)

WAC 392-347-045   Architect and engineering services.   In the allocation of state ((funds)) funding assistance for an approved modernization project, architectural and engineering services eligible for state ((matching purposes)) funding assistance shall not exceed one and one-half times the architectural and engineering services as in chapter 392-343 WAC set forth.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as § 392-347-045, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-071 (Order 16-83), § 180-33-045, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), § 180-33-045, filed 12/1/81.]

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION(Amending WSR 09-16-031 [06-16-031], filed 7/25/06, effective 8/25/06)

WAC 392-347-050   Study and survey of school district as prerequisite.   A survey of facilities proposed for modernization conducted under the direction of the superintendent of public instruction as per chapter 392-341 WAC shall be a prerequisite for consideration of an application for state ((participation in financing)) funding assistance of a modernization project.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as § 392-347-050, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-071 (Order 16-83), § 180-33-050, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), § 180-33-050, filed 12/1/81.]

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
AMENDATORY SECTION(Amending WSR 09-16-031 [06-16-031], filed 7/25/06, effective 8/25/06)

WAC 392-347-055   Regulations governing.   In addition to the regulations hereinbefore in chapter 392-347 WAC prescribed; all regulations governing the basic assistance program prescribed in chapters 392-341, 392-342, 392-343, and 392-344 WAC shall govern administration of state ((participation)) funding assistance in financing modernization of school facilities: Provided, That compliance with those regulations not pertinent to modernization projects as determined by the superintendent of public instruction shall not be required.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as § 392-347-055, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-071 (Order 16-83), § 180-33-055, filed 10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), § 180-33-055, filed 12/1/81.]

     Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

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