WSR 06-11-176

EXPEDITED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed May 24, 2006, 11:13 a.m. ]

     Title of Rule and Other Identifying Information: Chapter 180-25 WAC, State assistance in providing school plant facilities -- Preliminary provisions; chapter 180-26 WAC, State assistance in providing school plant facilities -- Educational specifications and site selection; chapter 180-27 WAC, State assistance in providing school plant facilities -- Basic state support; and chapter 180-29 WAC, State assistance in providing school plant facilities -- Procedural regulations.

NOTICE

     THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO William T. Panos, Director, School Facilities and Organization, Office of Superintendent of Public Instruction, P.O. Box 47200, Olympia, WA 98504-7200 , AND RECEIVED BY July 24, 2006.


     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The statutory authority to adopt rules governing state assistance in providing school plant facilities to school districts was transferred from the Washington state board of education (SBE) to the office of superintendent of public instruction (OSPI) by legislation passed during the 2006 legislative session (E2SHB 3098, sections 301 through 335).

     The proposed amendatory changes to the WAC chapters referenced above serve only to indicate the transfer of authority from the SBE to the OSPI and will not result in any changes to the existing requirements under the amended chapters or chapters referenced therein.

     Reasons Supporting Proposal: E2SHB 3098, sections 301 - 335.

     Statutory Authority for Adoption: RCW 28A.525.020.

     Statute Being Implemented: E2SHB 3098, sections 301 - 335.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Superintendent of public instruction, school facilities and organization, governmental.

     Name of Agency Personnel Responsible for Drafting: Charles Schreck, Director, Office of Professional Practices, Office of Superintendent of Public Instruction, (360) 725-6130; Implementation: Marty Daybell, Deputy Superintendent, General Administration and Operations, Office of Superintendent of Public Instruction, (360) 725-6002; and Enforcement: William T. Panos, Director, School Facilities and Organization, Office of Superintendent of Public Instruction, (360) 725-6261.

May 24, 2006

Dr. Terry Bergeson

Superintendent

OTS-8896.1


AMENDATORY SECTION(Amending WSR 98-19-139, filed 9/23/98, effective 10/24/98)

WAC 180-25-005   Authority.   This chapter is adopted pursuant to RCW 28A.525.020 which authorizes the ((state board of education)) 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 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. 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 01-08-040, filed 3/30/01, effective 4/30/01)

WAC 180-25-012   Waiver of rules to facilitate alternative public works contracting procedures.   (1) Subject to factual determinations by the superintendent of public instruction, the provisions of chapters ((180-25)) 392-341 through ((180-33)) 392-347 WAC which supplement statutory requirements are hereby deemed waived to the extent any provision would prevent or delay the implementation of alternative public works contracting procedures pursuant to chapter 39.10 RCW.

     (2) At the request of school district officials, the superintendent of public instruction or her/his designee shall factually determine on a case-by-case basis which provisions would prevent or delay the implementation of alternative public works contracting procedures, and advise officials in writing of the extent to which one or more provisions of chapters ((180-25)) 392-341 through ((180-33)) 392-347 WAC are hereby deemed to have been waived.

[Statutory Authority: RCW 28A.525.020. 01-08-040, § 180-25-012, filed 3/30/01, effective 4/30/01.]


AMENDATORY SECTION(Amending WSR 90-17-009, filed 8/6/90, effective 9/6/90)

WAC 180-25-015   Definition -- School facilities.   As used in this chapter, and in chapters ((180-26)) 392-342 through ((180-33)) 392-347 WAC, the term "school facilities" means school plant facilities, school plant projects, school buildings, common school facilities and the grounds as those terms are utilized in chapter 28A.525 RCW. Any structure not placed on a permanent foundation shall be excluded from this definition.

[Statutory Authority: 1990 c 33. 90-17-009, § 180-25-015, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.47.830. 83-21-064 (Order 9-83), § 180-25-015, filed 10/17/83.]


AMENDATORY SECTION(Amending Order 9-83, filed 10/17/83)

WAC 180-25-020   District application -- Study and survey.   Prior to ((state board of education)) the superintendent of public instruction consideration of state 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.47.830. 83-21-064 (Order 9-83), § 180-25-020, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 98-19-139, filed 9/23/98, effective 10/24/98)

WAC 180-25-025   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 ((a)) decision ((by the state board of education)) 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 assistance in school facility construction.

[Statutory Authority: RCW 28A.525.020. 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 92-16-058, filed 8/3/92, effective 9/3/92)

WAC 180-25-030   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 ((request the state board of education to)) approve a district's request for state assistance to offset all or a portion of the cost of acquiring such information((. If the state board of education concurs that such information is incomplete or the state study and survey is out of date, the state board of education shall approve such request unless the state board of education determines)) unless it is determined that there is no possibility that the district will be eligible for state assistance within the next seventy-two months. Such assistance shall be based on a minimum flat grant 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 grant plus square footage allocation
Enrollment of 501 to 3,000—Minimum grant plus square footage allocation
Enrollment of 3,001 to 10,000—Minimum grant plus square footage allocation
Enrollment of above 10,000—Minimum 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 ((state board of education)) superintendent of public instruction.

[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 Order 24-85, filed 11/27/85)

WAC 180-25-035   State study and survey -- ((State board of education review)) Superintendent of public instruction.   The state study and survey, together with recommendations prepared by the superintendent of public instruction, if any, shall be transmitted to the board of directors of the affected school district(s) ((affected)) for written comment by such district or districts ((prior to transmittal of such study and survey to the state board of education)). Once the superintendent of public instruction has received the written comments of the district(s) affected, including a request for one or more project approvals pursuant to WAC ((180-25-040)) 392-341-040, the state study and survey and the preliminary recommendations of the superintendent of public instruction, together with any written comments by the school district board of directors, shall ((be transmitted to the state board of education for review and)) undergo a final review by the superintendent of public instruction prior to action pursuant to WAC ((180-25-040)) 392-341-040.

[Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-25-035, filed 11/27/85; 83-21-064 (Order 9-83), § 180-25-035, filed 10/17/83.]


AMENDATORY SECTION(Amending Order 24-85, filed 11/27/85)

WAC 180-25-037   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 assistance pursuant to WAC ((180-25-040)) 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.47.830. 85-24-047 (Order 24-85), § 180-25-037, filed 11/27/85.]


AMENDATORY SECTION(Amending WSR 98-19-139, filed 9/23/98, effective 10/24/98)

WAC 180-25-040   State study and survey -- ((State board of education)) 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 ((state board of education)) superintendent of public instruction shall in accordance with WAC ((180-25-045)) 392-341-045 take one of the following actions:

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

     (2) Grant approval of state assistance for the construction and/or modernization of school facilities by authorizing the maximum area allowance eligible for state financial 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 ((the state board of education has approved or denied)) eligibility was approved or denied for additional state assistance pursuant to WAC ((180-27-115)) 392-343-115 for one or more approved school plant projects or whether such decision ((by the state board of education)) 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 ((at a subsequent state board of education meeting)) to the superintendent of public instruction. Upon receipt of the ((state board of education)) superintendent of public instruction approval, the school district is authorized to prepare educational specifications pursuant to chapter ((180-26)) 392-342 WAC. Project approval shall become null and void one year from the date of ((state board)) the superintendent of public instruction action unless the district:

     (a) Obtains local capital funds to provide the districts share of the estimated cost;

     (b) Completes the educational specifications pursuant to chapter ((180-26)) 392-342 WAC; and

     (c) Selects a site pursuant to chapter ((180-26)) 392-342 WAC.

[Statutory Authority: RCW 28A.525.020. 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 Order 1-86, filed 2/4/86)

WAC 180-25-043   ((State board of education)) Superintendent of public instruction commitment at project approval.   ((State board of education)) The superintendent of public instruction project approval pursuant to WAC ((180-25-040)) 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 ((state board of education)) superintendent of public instruction or the state to any project or to any amount of state assistance. The ((state board of education)) superintendent of public instruction reserves the right to amend and/or repeal any rule(s) respecting state 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 assistance and/or the extent of eligibility of any project for state assistance.

[Statutory Authority: RCW 28A.47.830. 86-04-065 (Order 1-86), § 180-25-043, filed 2/4/86.]


AMENDATORY SECTION(Amending WSR 98-19-139, filed 9/23/98, effective 10/24/98)

WAC 180-25-045   Approval criteria for state assistance.   The ((state board of education)) superintendent of public instruction shall conditionally agree to state 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 ((180-27)) 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: 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 ((180-31)) 392-345 WAC, interdistrict transportation cooperatives authorized by chapter ((180-32)) 392-346 WAC, and modernization and new construction authorized by chapter ((180-33)) 392-347 WAC.

[Statutory Authority: RCW 28A.525.020. 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 98-19-139, filed 9/23/98, effective 10/24/98)

WAC 180-25-055   Conditions applicable to district's authority to proceed.   The authorization by the ((state board of education)) superintendent of public instruction pursuant to WAC ((180-25-040)) 392-341-040 for the district to proceed for particular school facilities is subject to the conditions of WAC ((180-29-107)) 392-344-107. Therefore, districts receiving approval by the ((state board of education)) superintendent of public instruction pursuant to WAC ((180-25-040)) 392-341-040 are on notice that until approval is granted pursuant to WAC ((180-29-107)) 392-344-107 (i.e., the issuance of an appropriate SPI form by the superintendent of public instruction) the particular school facilities do not have secured funding status.

[Statutory Authority: RCW 28A.525.020. 98-19-139, § 180-25-055, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-25-055, filed 11/27/85; 85-09-059 (Order 7-85), § 180-25-055, filed 4/17/85.]


AMENDATORY SECTION(Amending WSR 90-01-075, filed 12/19/89, effective 12/19/89)

WAC 180-25-075   Eligibility for state assistance for new construction -- Contents of survey.   The survey required in WAC ((180-25-070)) 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.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 90-01-075, filed 12/19/89, effective 12/19/89)

WAC 180-25-080   Eligibility for state 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 assistance for new construction shall include:

     (1) A copy of the survey conducted pursuant to WAC ((180-25-070)) 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.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 90-01-075, filed 12/19/89, effective 12/19/89)

WAC 180-25-085   Eligibility for state 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 ((180-25-080)) 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 assistance will not be ((forwarded to the state board of education)) given further consideration.

[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 90-01-075, filed 12/19/89, effective 12/19/89)

WAC 180-25-090   Eligibility for state assistance for new construction -- Approval by ((state board of education)) the superintendent of public instruction of applicant's school district certification.   ((Upon presentation by)) The superintendent of public instruction((, the state board of education)) 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 ((state board of education's)) 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.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 Order 24-85, filed 11/27/85)

WAC 180-25-200   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 ((180-25-020)) 392-341-020 shall be designated as SPI Form D-1.

     (2) Planning grants to districts pursuant to WAC ((180-25-030)) 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 ((180-25-040)) 392-341-040 shall be designated as SPI Form D-3.

     (4) Project approval for districts pursuant to WAC ((180-25-040)) 392-341-040 shall be awarded to such district through SPI Form D-4.

[Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-25-200, filed 11/27/85.]


NEW SECTION


     The following chapter of the Washington Administrative Code is decodified as follows:


Old WAC Number New WAC Number
WAC 180-25-005 WAC 392-341-005
WAC 180-25-010 WAC 392-341-010
WAC 180-25-012 WAC 392-341-012
WAC 180-25-015 WAC 392-341-015
WAC 180-25-020 WAC 392-341-020
WAC 180-25-025 WAC 392-341-025
WAC 180-25-030 WAC 392-341-030
WAC 180-25-035 WAC 392-341-035
WAC 180-25-037 WAC 392-341-037
WAC 180-25-040 WAC 392-341-040
WAC 180-25-043 WAC 392-341-043
WAC 180-25-045 WAC 392-341-045
WAC 180-25-055 WAC 392-341-055
WAC 180-25-060 WAC 392-341-060
WAC 180-25-065 WAC 392-341-065
WAC 180-25-070 WAC 392-341-070
WAC 180-25-075 WAC 392-341-075
WAC 180-25-080 WAC 392-341-080
WAC 180-25-085 WAC 392-341-085
WAC 180-25-090 WAC 392-341-090
WAC 180-25-200 WAC 392-341-200

OTS-8897.1


AMENDATORY SECTION(Amending WSR 98-19-140, filed 9/23/98, effective 10/24/98)

WAC 180-26-005   Authority.   This chapter is adopted pursuant to RCW 28A.525.020 relating to authority of the ((state board of education)) 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 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. 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 01-08-040, filed 3/30/01, effective 4/30/01)

WAC 180-26-012   Waiver of rules to facilitate alternative public works contracting procedures.   The provisions of this chapter may be deemed waived in accordance with WAC ((180-25-012)) 392-341-012.

[Statutory Authority: RCW 28A.525.020. 01-08-040, § 180-26-012, filed 3/30/01, effective 4/30/01.]


AMENDATORY SECTION(Amending WSR 99-24-046, filed 11/24/99, effective 12/25/99)

WAC 180-26-040   District authority to proceed.   Upon completion of the educational specifications and the site review by the superintendent of public instruction as provided for in WAC ((180-26-020)) 392-342-020, the school district is authorized to proceed as follows:

     (1) Commence with the design of the school facility in accordance with the district's educational specifications.

     (2) Complete the energy conservation report pursuant to WAC ((180-27-075)) 392-343-075.

     (3) Complete a value engineering study and constructability review pursuant to WAC ((180-27-080)) 392-343-080.

     (4) Contract for building commissioning pursuant to WAC ((180-27-080)) 392-343-080.

     (5) Contract for construction management pursuant to WAC ((180-27-102)) 392-343-102.

[Statutory Authority: RCW 28A.525.020. 99-24-046, § 180-26-040, filed 11/24/99, effective 12/25/99; 98-19-140, § 180-26-040, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-26-040, filed 11/27/85; 83-21-065 (Order 10-83), § 180-26-040, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 01-19-042, filed 9/14/01, effective 10/15/01)

WAC 180-26-050   Option to request preliminary funding status prior to proceeding pursuant to WAC ((180-26-040)) 392-342-040.   As used in chapters ((180-26, 180-27,)) 392-342, 392-343, and ((180-29)) 392-344 WAC, the term "preliminary funding status" shall mean the project shall be considered for approval pursuant to WAC ((180-29-107)) 392-344-107 prior to projects without such preliminary funding status and shall be eligible for state assistance pursuant to the ((state board of education)) superintendent of public instruction rules pertaining to eligible square footage, area cost allowance 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 capital funds and authority to proceed pursuant to WAC ((180-26-040)) 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 ((180-29-107)) 392-344-107 within one year.

[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 01-19-042, filed 9/14/01, effective 10/15/01)

WAC 180-26-057   ((State board of education)) 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 ((180-26-050)) 392-342-050, the ((state board of education)) superintendent of public instruction commitment is limited to the eligibility of the project for state assistance, the eligible square footage, the area cost allowance for the fiscal year funded and the priority standing of the project as determined pursuant to the state building assistance rules in effect at that time. This commitment is effective only for the initial one-year period set forth at WAC ((180-26-060)) 392-342-060. The ((state board of education)) superintendent of public instruction reserves the right to amend and/or repeal any rule(s) respecting state assistance in school building 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 assistance.

[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 91-12-055, filed 6/5/91, effective 7/6/91)

WAC 180-26-060   Loss of preliminary funding status.   All districts granted preliminary funding status for a project pursuant to WAC ((180-26-050)) 392-342-050 shall request approval to bid such project pursuant to WAC ((180-29-107)) 392-344-107 within one year of receiving preliminary funding status or shall have such status withdrawn. A district with a project so withdrawn may reapply pursuant to WAC ((180-26-050)) 392-342-050 for such status.

[Statutory Authority: RCW 28A.525.020 and 28A.525.164. 91-12-055, § 180-26-060, filed 6/5/91, effective 7/6/91. Statutory Authority: RCW 28A.525.020. 90-24-068, § 180-26-060, filed 12/5/90, effective 1/5/91. Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-26-060, filed 11/27/85.]


AMENDATORY SECTION(Amending Order 24-85, filed 11/27/85)

WAC 180-26-200   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 ((180-26-050)) 392-342-050 shall be designated as SPI Form D-5.

     (2) Grants of preliminary funding status pursuant to WAC ((180-26-050)) 392-342-050 shall be given to districts through SPI Form D-6.

[Statutory Authority: RCW 28A.47.830. 85-24-047 (Order 24-85), § 180-26-200, filed 11/27/85.]


NEW SECTION


     The following chapter of the Washington Administrative Code is decodified as follows:


Old WAC Number New WAC Number
WAC 180-26-005 WAC 392-342-005
WAC 180-26-010 WAC 392-342-010
WAC 180-26-012 WAC 392-342-012
WAC 180-26-015 WAC 392-342-015
WAC 180-26-020 WAC 392-342-020
WAC 180-26-025 WAC 392-342-025
WAC 180-26-040 WAC 392-342-040
WAC 180-26-050 WAC 392-342-050
WAC 180-26-057 WAC 392-342-057
WAC 180-26-060 WAC 392-342-060
WAC 180-26-200 WAC 392-342-200

OTS-8909.2


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

WAC 180-27-005   Authority.   This chapter is adopted pursuant to RCW 28A.525.020 relating to authority of the ((state board of education)) 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 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. 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 Order 11-83, filed 10/17/83)

WAC 180-27-010   Purpose.   The purpose of this chapter is to set forth provisions applicable to basic state support and assistance in the construction of school facilities, including ((state board of education)) the superintendent of public instruction approval criteria. The limitations set forth represent the level of state support 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.47.830. 83-21-066 (Order 11-83), § 180-27-010, filed 10/17/83.]


AMENDATORY SECTION(Amending WSR 01-08-040, filed 3/30/01, effective 4/30/01)

WAC 180-27-012   Waiver of rules to facilitate alternative public works contracting procedures.   The provisions of this chapter may be deemed waived in accordance with WAC ((180-25-012)) 392-341-012.

[Statutory Authority: RCW 28A.525.020. 01-08-040, § 180-27-012, filed 3/30/01, effective 4/30/01.]


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

WAC 180-27-016   Rules determining eligibility and timing of state assistance.   The eligibility for and the amount of state assistance shall be determined as outlined in WAC ((180-27-020)) 392-343-020. The prioritization and timing for receipt of state assistance for eligible projects shall be determined by WAC ((180-27-500)) 392-343-500.

[Statutory Authority: RCW 28A.525.020. 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 01-19-042, filed 9/14/01, effective 10/15/01)

WAC 180-27-020   Related factors and formula for determining amount of state assistance.   (1) The amount of state 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 ((180-33)) 392-347 WAC;

     (d) Area cost allowance 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 assistance for an approved project shall be derived by multiplying the 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 ((180-27-035)) 392-343-035 by the area cost allowance as set forth in WAC ((180-27-060)) 392-343-060;

     (b) The cost of preparing educational specifications as set forth in WAC ((180-27-065)) 392-343-065;

     (c) The cost of architectural and engineering services as set forth in WAC ((180-27-070)) 392-343-070;

     (d) The cost of preparing and reviewing the energy conservation report as set forth in WAC ((180-27-075)) 392-343-075;

     (e) The cost of a value engineering study, a constructability review, and building commissioning as set forth in WAC ((180-27-080)) 392-343-080;

     (f) The construction cost savings -- sharing incentive as set forth in WAC ((180-27-085)) 392-343-085;

     (g) The cost of furniture and equipment as set forth in WAC ((180-27-095)) 392-343-095;

     (h) The cost of special inspections and testing as set forth in WAC ((180-27-100)) 392-343-100; and

     (i) The cost of construction management as set forth in WAC ((180-27-102)) 392-343-102.

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

[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 90-01-076, filed 12/19/89, effective 12/19/89)

WAC 180-27-023   Emerging high school district eligibility.   If a new secondary program is being established in a nonhigh district pursuant to chapter ((180-56)) 392-348 WAC, the district shall make application and be eligible for state funding assistance of new construction for school facilities to serve the projected high school enrollment.

[Statutory Authority: RCW 28A.47.830, 28A.47.060 and 28A.47.802. 90-01-076, § 180-27-023, filed 12/19/89, effective 12/19/89.]


AMENDATORY SECTION(Amending WSR 90-17-009, filed 8/6/90, effective 9/6/90)

WAC 180-27-025   State matching percentage -- General.   (1) The percentage of state assistance for which a school district is eligible, if otherwise qualified under prevailing statutory provisions and rules and regulations of the ((state board of education)) superintendent of public instruction, shall be determined in accordance with the matching formula set forth in RCW 28A.525.166.

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

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

[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 99-24-127, filed 12/1/99, effective 1/1/00)

WAC 180-27-030   Applicable state matching percentage for project.   Pursuant to provisions of RCW 28A.525.168, the percentage of state assistance 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;

     (2) ((State board of education)) 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 precludes the issuance of such approval(s), the district shall retain the higher percentage of state assistance 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. 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 00-04-007, filed 1/20/00, effective 2/20/00)

WAC 180-27-032   Growth impact fees and mitigation payments.   Notwithstanding the financial requirements of WAC ((180-27-030)) 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 to assist in capital construction projects. The impact fees collected pursuant to the above cited statutes, may be used by the district as local match funding for state assisted capital projects and may not be substituted for the amount of state 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. 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 98-19-143, filed 9/23/98, effective 10/24/98)

WAC 180-27-045   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 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 disabilities shall be counted as provided under WAC ((180-27-035)) 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. 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 98-19-143, filed 9/23/98, effective 10/24/98)

WAC 180-27-050   Space allocations -- Computing building capacity.   The net total area of a school facility eligible for state matching purposes 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 ((180-27-035)) 392-343-035 and the square foot area analysis set forth in WAC ((180-27-040)) 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 ((180-27-035)) 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. 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 Order 2-85, filed 1/25/85)

WAC 180-27-053   State moneys for studies and surveys.   State moneys for school district studies and surveys conducted pursuant to chapter ((180-25)) 392-341 WAC shall be available even though the ((state board of education)) superintendent of public instruction deems it necessary to order a priority approval process pursuant to WAC ((180-27-054)) 392-343-054. At the beginning of each biennium, the superintendent of public instruction shall estimate the amount of moneys necessary for allocation to districts for studies and surveys and not make such moneys available for any other purpose. In the event the estimated amount proves to be insufficient, the superintendent shall set aside additional moneys.

[Statutory Authority: RCW 28A.47.830. 85-04-008 (Order 2-85), § 180-27-053, filed 1/25/85.]


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

WAC 180-27-054   Implementation of priority approval process.   In the event the ((state board of education)) superintendent of public instruction determines that projected revenues, as calculated by the ceiling established in WAC ((180-27-056)) 392-343-056(2), are insufficient to meet school construction needs of school districts for the ensuing state fiscal year, the ((state board of education)) superintendent of public instruction shall by order ((the implementation of)) implement a priority approval process on final approval ((by the superintendent of public instruction)) of additional school construction projects pursuant to WAC ((180-29-107)) 392-344-107. Such priority approval process shall remain in effect until the order is rescinded by the ((state board of education)) superintendent of public instruction.

[Statutory Authority: RCW 28A.525.020. 98-19-143, § 180-27-054, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830. 85-04-008 (Order 2-85), § 180-27-054, filed 1/25/85.]


AMENDATORY SECTION(Amending WSR 99-24-127, filed 12/1/99, effective 1/1/00)

WAC 180-27-056   Funding during the period of a priority approval process order by ((state board of education)) the superintendent of public instruction.   During the period of a priority approval process imposed by order of the ((state board of education)) superintendent of public instruction school construction projects shall receive final approval pursuant to WAC ((180-29-107)) 392-344-107 as follows:

     (1) On or after July 1 following the ((state board of education)) 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 ((180-29-107)) 392-344-107 as per the applicable priority list in WAC ((180-27-500)) 392-343-500. Only school construction projects with ((state board of education)) the superintendent of public instruction approval under WAC ((180-25-045)) 392-341-045 and secured local capital funds by January 31 of the previous state fiscal year and eligible for final approval pursuant to WAC ((180-29-107)) 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 ((180-29-107)) 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 ((state board of education)) 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 ((180-29-107)) 392-344-107 shall be combined with new school construction projects that have secured local capital funds by January 31 of the state fiscal year and that are eligible, pursuant to WAC ((180-29-107)) 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. 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 95-16-076, filed 7/28/95, effective 8/28/95)

WAC 180-27-05605   Additional funding during a period of a priority approval process.   Notwithstanding the provisions of WAC ((180-27-056)) 392-343-056, if within any state fiscal year, that is the second year of a biennium, there is funding authority and revenue in excess of what is required for the priority list established pursuant to WAC ((180-27-056)) 392-343-056, then there may be a subsequent priority list established in the same state fiscal year for the purpose of funding or encumbering funding only for those projects for which preliminary funded status had been granted prior to July 1 of that state fiscal year. The priority order shall be as per WAC ((180-27-500)) 392-343-500 through ((180-27-535)) 392-343-535.

[Statutory Authority: RCW 28A.525.200. 95-16-076, § 180-27-05605, filed 7/28/95, effective 8/28/95. Statutory Authority: RCW 28A.525.020 and chapters 39.35 and 60.28 RCW. 92-24-027, § 180-27-05605, filed 11/24/92, effective 12/25/92. Statutory Authority: RCW 28A.525.020. 90-24-068, § 180-27-05605, filed 12/5/90, effective 1/5/91.]


AMENDATORY SECTION(Amending WSR 90-24-068, filed 12/5/90, effective 1/5/91)

WAC 180-27-05607   Funding for specifically appropriated projects during a period of a priority approval process.   Notwithstanding the provisions of WAC ((180-27-056)) 392-343-056, if the State Capital Appropriations Act for any biennium makes a special, specific appropriation for a particular project or priority category, such projects, or projects within the priority category, shall be exempt from the time lines established by WAC ((180-27-056)) 392-343-056 and may receive final approval pursuant to WAC ((180-29-107)) 392-344-107 at any time, provided that the requirements of chapter ((180-29)) 392-344 WAC have been complied with.

[Statutory Authority: RCW 28A.525.020. 90-24-068, § 180-27-05607, filed 12/5/90, effective 1/5/91.]


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

WAC 180-27-057   State assistance -- Deferred payment.   In the event state moneys are not sufficient for a school district project, a school district may proceed at its own financial risk. At such time state moneys become available, reimbursement may be made for the project provided the provisions of chapter ((180-29)) 392-344 WAC have been complied with.

[Statutory Authority: RCW 28A.525.020. 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 90-24-068, filed 12/5/90, effective 1/5/91)

WAC 180-27-059   Application of priority system to projects with and without preliminary funding status.   All projects with preliminary funding status pursuant to WAC ((180-26-050)) 392-342-050 shall be approved pursuant to WAC ((180-29-107)) 392-344-107 prior to projects without such status.

[Statutory Authority: RCW 28A.525.020. 90-24-068, § 180-27-059, filed 12/5/90, effective 1/5/91. Statutory Authority: RCW 28A.47.830. 85-24-048 (Order 25-85), § 180-27-059, filed 11/27/85.]


AMENDATORY SECTION(Amending WSR 01-19-042, filed 9/14/01, effective 10/15/01)

WAC 180-27-060   Determining the area cost allowance.   (1) The area cost allowance for state 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 cost allowance used in calculating state financial assistance for construction of school facilities shall be determined by the superintendent of public instruction using the prior year's area cost allowance, plus a construction inflation factor.

     (3) The superintendent of public instruction's office shall work with ((the state board of education and other)) appropriate parties to develop ((and recommend to the state board for approval)) a method for determining the annual construction inflation factor. ((This recommendation shall be presented to the state board of education for approval at its October 2001 meeting, or as soon thereafter as is practical.))

[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 01-19-042, filed 9/14/01, effective 10/15/01)

WAC 180-27-063   Annual review ((and report by the superintendent of public instruction to the state board of education)) of actual construction costs of school projects.   The superintendent of public instruction on an annual basis shall review actual construction costs of school projects ((and report findings to the state board of education)) for consideration and possible action.

[Statutory Authority: RCW 28A.47.830 and 28A.525.020. 01-19-042, § 180-27-063, filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.47.830. 85-24-048 (Order 25-85), § 180-27-063, filed 11/27/85.]


AMENDATORY SECTION(Amending WSR 01-19-042, filed 9/14/01, effective 10/15/01)

WAC 180-27-065   Educational specifications.   (1) Only school facility projects which are complete new facilities or modernization projects pursuant to chapter ((180-33)) 392-347 WAC are eligible for state 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 assistance for which a district is eligible for the preparation of educational specifications shall be the state matching percentage multiplied by the greater of the following:

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

     (b) Ten thousand dollars.

[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 01-09-011, filed 4/6/01, effective 5/7/01)

WAC 180-27-070   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 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 ((180-27-040)) 392-343-040 and project type, as set forth below:


     (1) New construction projects:

Architectural and Engineering Team Fee Matching
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 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. 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 01-19-042, filed 9/14/01, effective 10/15/01)

WAC 180-27-080   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 ((state board of education)) 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, constructability reviews, and building commissioning 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 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 ((180-29-065)) 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 ((180-29-066)) 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 assistance for a value engineering study, a constructability review, and building commissioning for each qualifying project. The maximum amount of assistance for each component 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.

[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 Order 25-85, filed 11/27/85)

WAC 180-27-085   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 construction cost, as set forth in WAC ((180-27-020)) 392-343-020 (2)(a).

     (2) The state matched 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 (WAC ((180-27-070)) 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 under chapter ((180-33)) 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 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.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 01-19-042, filed 9/14/01, effective 10/15/01)

WAC 180-27-095   Support level -- Furniture and equipment allowances.   (1) A matchable allowance for furniture and equipment purchases shall be added to total construction cost of an approved school facilities project. The amount of state assistance for which a district is eligible shall be the eligible square foot area of the project multiplied by the area cost allowance 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 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 ((180-27-035)) 392-343-035.

[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 01-19-042, filed 9/14/01, effective 10/15/01)

WAC 180-27-115   Support level -- Additional assistance.   State assistance in addition to the amount determined pursuant to WAC ((180-27-020)) 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 assistance exceed one hundred percent of the amount calculated for matching purposes: In each of the following exceptions, either at the time the project is approved pursuant to WAC ((180-25-040)) 392-341-040 or at any time prior to receiving secured funding status pursuant to WAC ((180-29-107)) 392-344-107, written school district application for additional assistance and ((state board of education)) 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 ((state board of education)) superintendent of public instruction determines that the voters of the school district have authorized the issuance of bonds to its legal limit, the ((board)) superintendent of public instruction shall provide state financial assistance for the remaining cost of the building to a level not exceeding the area cost allowance for the fiscal year funded: Provided, That at any time thereafter when the ((state board of education)) 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.

     (2) Interdistrict cooperative centers.

     In the financing of interdistrict cooperative projects as set forth in chapter ((180-31)) 392-345 WAC, the ((state board of education)) superintendent of public instruction shall allocate at seventy-five percent of the total approved project cost determined eligible for state matching 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 ((state board of education)) superintendent of public instruction to have a school housing emergency requiring an allocation of state moneys in excess of the amount allocable under the statutory formula may be considered for an additional allocation of moneys: Provided, That the school district must have authorized the issuance of bonds to its legal capacity to meet the statutory and ((state board of education)) the superintendent of public instruction fiscal requirements for state assistance in providing school facilities.

     The total amount of state moneys allocated shall be the total approved project cost determined eligible for state matching purposes multiplied by the districts' regular match rate 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 ((state board of education)) 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 distric