WSR 01-15-099

PROPOSED RULES

STATE BOARD OF EDUCATION


[ Filed July 18, 2001, 11:36 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-11-142.

Title of Rule: WAC 180-27-035 Space allocations.

Purpose: Implements changes increasing the kindergarten space allocation per student that is used to determine the amount of building square footage for which a district is eligible to build, remodel, or replace schools with state assistance to align with 2001-03 capital budget language.

Statutory Authority for Adoption: RCW 28A.525.020.

Summary: Current levels of space allocations were reduced slightly in 1983 to accommodate wider distribution of limited available funds and have remained unchanged.

Reasons Supporting Proposal: National trends have been toward increasing square footage per student.

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: The space allocation per student is established in rule (WAC 180-27-035) and is used to determine the amount of building square footage that a district is eligible to build, remodel, or replace schools with state assistance. Currently, the State Board of Education allocates this eligibility in two grade spans: Grade K-8 (with kindergartners at 50%) and 9-12. Space allocations for students with disabilities at all grades spending 100 minutes a day in specially designated facilities are made at a higher level. This rule change doubles the space allocated for kindergarten facilities resulting in an increase in eligibility which may result in an increase in matching funds for school projects which house kindergarten students.

Proposal Changes the Following Existing Rules: The 2001-03 capital budget provided funding in space allocation that the kindergarten student headcount shall not be reduced by 50%.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Mount Baker School District, 4956 Deming Road, Deming, WA 98244-0095, on August 22, 2001, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Patty Martin by August 8, 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 August 8, 2001.

Date of Intended Adoption: August 24, 2001.

July 18, 2001

Larry Davis

Executive Director

OTS-5015.1


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

WAC 180-27-035   Space allocations.   (1) State assistance in the construction of school facilities for grades kindergarten through twelve and classrooms planned for the exclusive use of students with disabilities shall be based on a space allowance per enrolled student and for state matching purposes shall be computed in accordance with the following table:


Grade or Area Maximum

Matchable Area

Per Student

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

For purposes of this subsection, ((kindergarten students shall be calculated at fifty percent of actual headcount enrollments on October 1 and submitted to the superintendent of public instruction on October 1 each year;)) students with disabilities shall be counted as one student for each such student assigned to a specially designated self-contained classroom for students with disabilities for at least one hundred minutes per school day, calculated on actual headcount enrollment submitted to the superintendent of public instruction.

(2) State 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

Per One-Half

Enrolled Student

Skill Centers 140 square feet

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


Number of Headcount

Student-Grades 9-12

Maximum

Matchable Area

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. 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.]

Washington State Code Reviser's Office