PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-05-130.
Title of Rule: WAC 180-33-042 Replacement option.
Purpose: To provide a waiver option under special conditions from the conditions covered in the WAC.
Statutory Authority for Adoption: RCW 28A.525.020.
Summary: Adding a section to WAC 180-33-042.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, (360) 753-6715.
Name of Proponent: State Board of Education, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: To provide a waiver option under special conditions from the conditions covered in the WAC.
Proposal Changes the Following Existing Rules: Provides the option for a waiver.
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. Not applicable.
Hearing Location: Board Room, Fife School District, 5802 20th Street East, Tacoma, WA 98424-2000, on June 15, 2001, at 8:30 a.m.
Assistance for Persons with Disabilities: Contact Laura Moore by June 1, 2001, TDD (360) 664-3631, or (360) 753-6715.
Submit Written Comments to: Rules Coordinator, State Board of Education, P.O. Box 47206, Olympia, WA 98504-7206, fax (360) 586-2357, by June 1, 2001.
Date of Intended Adoption: June 15, 2001.
April 26, 2001
Larry Davis
Executive Director
OTS-4874.1
AMENDATORY SECTION(Amending WSR 98-19-138, filed 9/23/98,
effective 10/24/98)
WAC 180-33-042
Replacement option.
A district with space
eligible for modernization pursuant to WAC 180-33-015 and
180-33-025 may elect to replace such space through new
construction in lieu of modernization. In such case, the
district shall apply for a new school facility in accordance with
applicable rules and regulations pertaining to new school plant
facilities and the local board shall certify that after the new
construction is finally completed:
(1) The existing building or space to be replaced will not be used for district instructional purposes; and
(2) The existing building or space will be ineligible for any future state financial assistance.
Further, if the existing building or space is subsequently returned by the district to instructional purposes in whole or in part, the district shall become ineligible for any state construction financial assistance for a period of ten years from the date that the executive director or the chief executive officer of the state board notifies the board during the course of an open public meeting or sends written notice to members of the board of the return of the building in whole or in part to instructional purposes. Districts exercising this election shall be limited in state assistance to the provision of WAC 180-33-040. In the event the district elects to replace a facility and construct a new facility with more space than the facility being replaced, the additional space, in order to be eligible for state assistance shall meet the eligibility requirements for new construction or the new construction component requirement of WAC 180-33-015 (1)(c): Provided, That no new construction in lieu of modernization project may qualify for additional state assistance pursuant to WAC 180-27-115 unless the facility being replaced would have qualified pursuant to such section for additional state assistance as a modernization project.
(3) The state board of education 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 make a written recommendation to the state board of education to 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; and
(g) Rationale why this is the best use of facilities and public funds.
[Statutory Authority: RCW 28A.525.020. 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.]