PROPOSED RULES
PUBLIC INSTRUCTION
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 392-125-080 Educational service district budgeting.
Purpose: To amend the rule to reflect a change made by the 1987 legislature, which extended the length of time ESDs are permitted to enter into contracts from five to twenty years.
Statutory Authority for Adoption: RCW 28A.310.330.
Statute Being Implemented: Chapter 508, Laws of 1987.
Summary: A revision to RCW 28A.310.460 extended the length of time ESDs are permitted to enter into contracts from five to twenty years. The WAC revision is needed for consistency with the RCW.
Reasons Supporting Proposal: This will amend OSPI's rules to conform to the legislative change.
Name of Agency Personnel Responsible for Drafting: Linda Harrison, Office of Superintendent of Public Instruction, (360) 753-2298; Implementation: Allen Jones, Office of Superintendent of Public Instruction, (360) 753-6708; and Enforcement: Mike Bigelow, Office of Superintendent of Public Instruction, (360) 753-1718.
Name of Proponent: Office of the Superintendent of Public Instruction, governmental.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: This rule was adopted on an emergency basis on January 19, 2001.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The rule change is needed to reflect the change made by the 1987 legislative session which extended the length of time educational service districts are permitted to enter into contracts. An emergency rule is currently in force to permit an ESD to enter into a contract for a term longer than five years. There is no opposition to this change.
Proposal Changes the Following Existing Rules: See Explanation of Rule above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Wanamaker Room, 1st Floor, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, on April 11, 2001, at 9 a.m.-11 a.m.
Assistance for Persons with Disabilities: Contact Sheila Emery by March 28, 2001, TDD (360) 664-3631.
Submit Written Comments to: Legal Services, Office of the Superintendent of Public Instruction, P.O. Box 47200, 600 South Washington Street, Olympia, WA 98504-7200, fax (360) 753-4201, by April 10, 2001.
Date of Intended Adoption: April 12, 2001.
March 7, 2001
Dr. Terry Bergeson
Superintendent of
Public Instruction
OTS-4633.1
AMENDATORY SECTION(Amending Order 18, filed 7/19/90, effective
8/19/90)
WAC 392-125-080
Contractual liability extending beyond end
of fiscal period.
The board of any educational district may
enter into contracts for their respective districts for periods
not exceeding ((five)) twenty years in duration with public and
private persons, organizations, and entities for the following
purposes:
(1) To rent or lease building space, portable buildings, security systems, computers, and other equipment; and
(2) To have maintained and repaired security systems, computers and other equipment.
The budget of each educational service district shall contain a schedule which identifies that portion of each contractual liability incurred pursuant to RCW 28A.310.460 which extends beyond the fiscal period. Said schedule shall list for each such contractual liability a brief description, the accounting code, the beginning and ending dates, the total dollar amount, and the estimated amount extending beyond the end of the fiscal period being budgeted.
[Statutory Authority: 1990 c 33. 90-16-002 (Order 18), § 392-125-080, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.21.135, 28A.21.310 and 28A.65.465. 78-08-036 (Order 5-78), § 392-125-080, filed 7/18/78.]