WSR 10-09-040

PERMANENT RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed April 14, 2010, 2:10 p.m. , effective May 15, 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 392-345 and 392-346 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 167, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: April 12, 2010.

Randy Dorn

Superintendent of

Public Instruction

OTS-2873.1

Chapter 392-345 WAC

STATE FUNDING ASSISTANCE IN PROVIDING SCHOOL PLANT FACILITIES -- INTERDISTRICT COOPERATION IN FINANCING SCHOOL PLANT CONSTRUCTION


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

WAC 392-345-005   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 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. 06-16-031, amended and recodified as 392-345-005, filed 7/25/06, effective 8/25/06; 98-19-144, 180-31-005, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990 c 33. 90-17-009, 180-31-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-068 (Order 13-83), 180-31-005, filed 10/17/83.]


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

WAC 392-345-020   Cooperative plan subject to the superintendent of public instruction approval.   Any interdistrict financial plan for construction or modernization of school facilities utilizing state ((moneys)) funding assistance in the financing of the proposed project, shall require approval by the superintendent of public instruction prior to carrying into effect the provisions of such plan. The superintendent of public instruction approval is only required for projects utilizing state ((moneys)) funding assistance.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as 392-345-020, filed 7/25/06, effective 8/25/06; 98-19-144, 180-31-020, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-068 (Order 13-83), 180-31-020, filed 10/17/83.]


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

WAC 392-345-025   Application provisions.   For projects utilizing state ((moneys)) funding assistance, the host district shall submit a written application to the superintendent of public instruction which shall include but not be limited to the following documents and data:

(1) A joint resolution by the board of directors of all participating school districts which shall:

(a) Confer contractual authority and subsequent ownership on the board of directors in which jurisdiction the school facility is to be located (host district) or, in the event of modernization, the board of directors in which jurisdiction the facility is located (host district);

(b) Designate such board of directors of the host district as the legal applicant. Evidence shall be submitted that the said resolution has been incorporated in the official record of the board of directors of each participating school district; and

(c) Certify that the facility shall be used for the purpose for which it was constructed unless an exception is granted by the superintendent of public instruction.

(2) Copy of contracts(s) between applicant district and participating school districts prepared in accordance with provisions in WAC 392-345-030.

(3) A statement defining the education program or services to be offered and the number and grade level(s) by district of all students to be housed in the proposed new or modernized facility.

(4) A description of the proposed project including size in terms of square feet and the estimated cost of construction including professional services, sales tax, site acquisition and site development.

(5) An area map indicating location of schools within the participating school districts and the location of the proposed new or modernized school facility.

(6) A statement certifying that a separate account has been established into which participating districts make deposits in order to pay for all future minor repair and renovation costs.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as 392-345-025, filed 7/25/06, effective 8/25/06; 98-19-144, 180-31-025, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-068 (Order 13-83), 180-31-025, filed 10/17/83.]


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

WAC 392-345-035   Approval of program or services by superintendent of public instruction.   Approval by the superintendent of public instruction of the educational program or services to be offered in the proposed new or modernized facility and the proposed administration of such program or services shall be a prerequisite for approval by the superintendent of public instruction of an interdistrict cooperative financial plan for construction of new or modernization of facilities when state ((moneys are)) funding assistance is provided.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as 392-345-035, filed 7/25/06, effective 8/25/06; 98-19-144, 180-31-035, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-068 (Order 13-83), 180-31-035, filed 10/17/83.]


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

WAC 392-345-040   Dissolution provisions.   (1) Procedures for the dissolution of the operation of school facilities pursuant to an interdistrict cooperative agreement shall not be instituted prior to the expiration of ten years after the date of the superintendent of public instruction approval of the financial plan for the construction of such school facilities when such facilities were constructed with state ((moneys)) funding assistance: Provided, That a request for dissolution prior to such ten-year period may be approved when, in the judgment of the superintendent of public instruction, there is substantiation of sufficient cause therefor.

(2) Any plan for dissolution as described in subsection (1) of this section shall be submitted to the superintendent of public instruction for review and approval prior to proceeding with dissolution action.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as 392-345-040, filed 7/25/06, effective 8/25/06; 98-19-144, 180-31-040, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-068 (Order 13-83), 180-31-040, filed 10/17/83.]


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

WAC 392-345-045   Interdistrict cooperation in financing school construction -- Project construction approval required -- Rules and regulations governing.   A project to be constructed under interdistrict cooperative financing pursuant to provisions of RCW 28A.335.160 shall be subject to approval by the superintendent of public instruction only when state ((funds are)) funding assistance is involved in the financing thereof and shall be in conformity with the applicable rules and regulations hereinafter prescribed. The applicant school district shall be responsible for compliance with said rules and regulations.

(1) Projects financed with state funding assistance.

(a) All rules and regulations promulgated by the superintendent of public instruction relating to school building construction shall govern the approval of an application for state funding assistance in financing an interdistrict cooperative project except such rules deemed by the superintendent of public instruction to be inapplicable to the said construction: Provided, That in the interest of program improvement and/or improvement in equalization of educational opportunities, the pertinent requirements relating to eligibility on the basis of number of unhoused children may be waived as shall be determined by the superintendent of public instruction.

(b) In determining the amount of state funding assistance, the principle to be applied shall be that each participating district, otherwise eligible for state funding assistance, shall receive such assistance on the basis of the computed area ratio. The amount that each participating district shall provide may be the percentage proportion that the value of its taxable property bears to the total value of taxable property of all participating districts or such other amounts as set forth in the contract submitted as are accepted and approved by the superintendent of public instruction.

(2) Application for additional state funding assistance. In the financing of interdistrict cooperative projects, applications for state funding assistance, in addition to the amount determined allocable under basic state support level provisions, shall be judged by the superintendent of public instruction on the basis of the need for said facilities for the expressed purpose of:

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

(b) Avoiding unnecessary duplication of specialized or unusually expensive educational programs or facilities; or

(c) Improving racial balance within and among participating districts.

(3) Determination of amount of additional state funding assistance. When in the judgment of the superintendent of public instruction an expressed need exists for an interdistrict cooperative project to achieve one or more of the expressed purposes as set forth in subsection (2) of this section and additional state funding assistance in financing said joint construction is necessary to meet such need, additional state funding assistance may be allowed in an amount to be determined by the superintendent of public instruction: Provided, That the total amount allotted shall not exceed ninety percent of the total project cost determined eligible for state ((matching)) funding assistance purposes: Provided further, That the total funds available to the superintendent of public instruction for the biennial period are sufficient to meet statewide needs for state funding assistance in providing necessary school facilities to individual school districts as well as for this purpose.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as 392-345-045, filed 7/25/06, effective 8/25/06; 98-19-144, 180-31-045, filed 9/23/98, effective 10/24/98.]

OTS-2872.1

Chapter 392-346 WAC

STATE FUNDING ASSISTANCE IN PROVIDING SCHOOL PLANT FACILITIES -- INTERDISTRICT TRANSPORTATION COOPERATIVES


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

WAC 392-346-005   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, 28A.525.050, and 28A.525.162 through 28A.525.178.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as 392-346-005, filed 7/25/06, effective 8/25/06; 98-19-145, 180-32-005, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990 c 33. 90-17-009, 180-32-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), 180-32-005, filed 10/17/83.]


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

WAC 392-346-010   Purpose.   The purpose of this chapter is to set forth provisions applicable prior to a district's application for state funding assistance in the construction of interdistrict transportation cooperative facilities. Except as otherwise noted in this chapter, the rules and regulations which apply to state funding assistance in financing school facilities set forth below shall apply to the construction of interdistrict transportation cooperatives:

(1) ((Basic)) State ((support)) funding assistance: WAC 392-343-040, 392-343-060, and 392-343-070 through 392-343-125.

(2) Procedural regulations: WAC 392-344-055 through 392-344-170.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as 392-346-010, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), 180-32-010, filed 10/17/83.]


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

WAC 392-346-015   Interdistrict transportation cooperative members -- Definition.   As used in this chapter:

(1) "Participating member" means a district in a cooperative which anticipates making full use of all the services offered by the cooperative and provides its agreed share of ((matching)) local funds required by the superintendent of public instruction. A participating member must be a member of the cooperative for at least ten years.

(2) "Contract member" means a district which contracts to use the services of the cooperative as outlined in the initial agreement for at least three years. At a minimum, contracts for service shall include lubrication, oil and filter changes on a regular basis.

(3) "Applicant district" means the school district in which the proposed interdistrict transportation cooperative facility is to be located or in which the facility proposed for modernization is located. It shall be the responsibility of said applicant district to submit the application for financial plan approval.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as 392-346-015, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), 180-32-015, filed 10/17/83.]


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

WAC 392-346-020   Interdistrict transportation cooperative -- Cooperative plan subject to the superintendent of public instruction approval.   Any financial plan for construction of an interdistrict transportation cooperative utilizing state ((moneys)) funding assistance in the financing of the proposed project, shall require approval by the superintendent of public instruction prior to implementing the provisions of such plan. The superintendent of public instruction approval is only required for projects utilizing state ((moneys)) funding assistance.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as 392-346-020, filed 7/25/06, effective 8/25/06; 98-19-145, 180-32-020, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), 180-32-020, filed 10/17/83.]


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

WAC 392-346-025   Application provisions.   For projects utilizing state ((moneys)) funding assistance, the host school district shall submit a written application to the superintendent of public instruction which shall include but not be limited to the following documents and data:

(1) A joint resolution by the board of directors of all participating school districts which shall:

(a) Confer contractual authority and subsequent ownership on the board of directors in which jurisdiction the facility is to be located or, in the event of modernization, in which jurisdiction the facility is located (host district);

(b) Designate such board of directors as the legal applicant; and

(c) A copy of the official record of the board of directors of each participating school district indicating that the resolution has been formally adopted.

(2) Copy of contract(s) between districts prepared in accordance with chapter 392-345 WAC.

(3) A written description of services to be offered in the proposed interdistrict transportation cooperative, including number of districts involved and whether or not cooperating members are participating districts or contract districts; the number of buses from each participating and contract district to be serviced, and number of bus miles traveled per year for each participating and contract district.

(4) A description of the proposed project including square footage and the estimated cost of construction including professional services, sales tax, site costs, and site development.

(5) An area map indicating location of the facility in relationship to the participating and contract school districts.

(6) A statement certifying that a separate account has been established into which participating districts make deposits in order to pay for all future minor repair and renovation costs.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as 392-346-025, filed 7/25/06, effective 8/25/06; 98-19-145, 180-32-025, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), 180-32-025, filed 10/17/83.]


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

WAC 392-346-035   Approval -- The superintendent of public instruction.   Approval by the superintendent of public instruction of services to be offered in the proposed interdistrict transportation cooperative and the proposed district administration of such program or services shall be a prerequisite for approval by the superintendent of public instruction of an interdistrict cooperative financial plan for construction of new facilities or modernization of existing facilities when state ((moneys are)) funding assistance is provided.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as 392-346-035, filed 7/25/06, effective 8/25/06; 98-19-145, 180-32-035, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), 180-32-035, filed 10/17/83.]


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

WAC 392-346-040   Dissolution provisions.   (1) Procedures for the dissolution of the operation of interdistrict cooperatives under an interdistrict cooperative agreement shall not be instituted prior to the expiration of ten years after the date of the superintendent of public instruction approval of the financial plan for the construction of such school facilities when such facilities were constructed with state ((moneys)) funding assistance: Provided, That a request for dissolution prior to the expiration of ten years may be approved when in the judgment of the superintendent of public instruction there is substantiation of sufficient cause therefor.

(2) Any plan for dissolution as described in subsection (1) of this section shall be submitted to the superintendent of public instruction for review and written approval prior to proceeding with dissolution action.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as 392-346-040, filed 7/25/06, effective 8/25/06; 98-19-145, 180-32-040, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), 180-32-040, filed 10/17/83.]


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

WAC 392-346-045   Interdistrict transportation cooperative -- Types.   Except as otherwise noted, the amount of the final allocation of state ((funds)) funding assistance in the construction of an approved interdistrict transportation cooperative facility shall be based on the number of buses in actual service and the number of buses for which the cooperative has contracted from other districts at the time of application and in accordance with the following cooperative types and square footage allowances:


Type
Number of Buses
Square Footage
Minimum Maximum

One

96 or more

21,000

Negotiable
Two 46-95 15,000 20,999
Three 0-45 10,000 14,999

[Statutory Authority: RCW 28A.525.020. 06-16-031, recodified as 392-346-045, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), 180-32-045, filed 10/17/83.]


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

WAC 392-346-050   Site review and evaluation.   The superintendent of public instruction together with the proposing district(s) shall conduct an on-site review and evaluation of sites for new and existing state ((assisted)) funding assistance projects. In selecting sites, the district(s) should assure that:

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

(2) The site is of sufficient size to meet the needs of the facility.

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

(4) The site accessibility is convenient and efficient for participating and contract school districts with the least amount of disturbance to the area in which it is located.

(5) The site topography is conducive to desired site development.

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

[Statutory Authority: RCW 28A.525.020. 06-16-031, recodified as 392-346-050, filed 7/25/06, effective 8/25/06; 98-19-145, 180-32-050, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), 180-32-050, filed 10/17/83.]


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

WAC 392-346-060   Design team -- Architect/engineering services.   Architect/engineering service fees for ((matching)) state funding assistance purposes shall be determined pursuant to WAC 392-343-070.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as 392-346-060, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), 180-32-060, filed 10/17/83.]


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

WAC 392-346-065   Support level -- Furniture and equipment allowances.   An allowance for furniture and equipment purchases shall be added to the total construction costs of a project determined eligible for state ((matching)) funding assistance. The equipment allowance shall be determined by multiplying the approved square foot area of the project by the ((area)) construction cost ((allowance)) allocation of state support for the fiscal year funded and that product multiplied by seven percent.

[Statutory Authority: RCW 28A.525.020. 06-16-031, recodified as 392-346-065, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, 180-32-065, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), 180-32-065, filed 10/17/83.]


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

WAC 392-346-070   Interdistrict transportation cooperatives -- State funding assistance.   In the financing of an approved interdistrict transportation cooperative, the superintendent of public instruction shall provide ninety percent of the total approved project cost determined eligible for state ((matching purposes)) funding assistance.

[Statutory Authority: RCW 28A.525.020. 06-16-031, amended and recodified as 392-346-070, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), 180-32-070, filed 10/17/83.]

Washington State Code Reviser's Office