WSR 16-01-077
EMERGENCY RULES
SUPERINTENDENT OF
PUBLIC INSTRUCTION
[Filed December 14, 2015, 3:16 p.m., effective December 14, 2015, 3:16 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: These new rules, codified at chapter 392-900 WAC, will implement sections 5026 and 5028, chapter 3, Laws of 2015, which create two pilot school construction grant programs for class size reduction and STEM facilities. The rules define the procedures that school districts must follow to receive funding under these new pilot programs.
Under RCW
34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: Legislation enacted in 2015, sections 5026 and 5028, chapter 3, Laws of 2015, requires the office of superintendent of public instruction (OSPI) to implement two pilot school construction grant programs during the 2015-17 biennium. OSPI's current school construction rules do not provide a process that would allow OSPI to timely or effectively award these grant funds during the biennium. New grant funding procedures are necessary to preserve the general welfare by allowing OSPI to proceed with the grants and distribution of funding to school districts in accordance with the legislature's intent.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 14, 2015.
Randy Dorn
Superintendent of
Public Instruction
STEM AND K-3 CLASS SIZE REDUCTION PILOT GRANT PROGRAMS ESTABLISHED IN THE 2015-17 WASHINGTON STATE CAPITAL BUDGET 2EHB 115.SL.
NEW SECTION
WAC 392-900-010 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 state funding assistance 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,
28A.525.162 through
28A.525.178.
NEW SECTION
WAC 392-900-020 Purpose.
The purpose of this chapter is to set forth provisions applicable to approval of STEM pilot project grants and K-3 class size reduction grants as provided for in sections 5026 and 5028, chapter 3, Laws of 2015 3rd sp. sess. (2EHB 1115 (2015)).
NEW SECTION
WAC 392-900-030 Eligibility.
Eligibility for school construction assistance program funding through the STEM grant program will be based on a school district's ability to demonstrate a lack of sufficient space for science classrooms and labs to enable students to meet Washington state graduation requirements. The STEM grant award will constitute the district's local funding for purposes of eligibility for the school construction assistance program under RCW
28A.525.166.
Eligibility for the K-3 class size reduction grant program will be based on a school district's ability to demonstrate a need for additional K-3 classrooms as outlined in chapter 41, Laws of 2015, 3rd sp. sess. (2ESSB 6080 (2015)), regardless of any available eligibility for school construction assistance program funding. The K-3 class size reduction grant award may not constitute local funding in the school construction assistance program under RCW
28A.525.166.
NEW SECTION
WAC 392-900-040 Funding assistance percentage.
(1) The state funding assistance percentage for the STEM pilot program is the computed state ratio defined in RCW
28A.525.166 plus twenty percent of the percent of district head count eligible and enrolled in the district's free and reduced school lunch program, plus the following additional percentage points:
(a) Ten for second class school districts;
(b) Ten for school districts with funding assistance percentages of more than fifty percent.
(2) The enhanced funding assistance percentage for the K-3 class size reduction grant program is the computed state ratio defined in RCW
28A.525.166 plus twenty percent of the percent of district head count eligible and enrolled in the free and reduced school lunch program.
NEW SECTION
WAC 392-900-050 Construction cost allocation (CCA).
The eligible construction cost in the STEM grant program shall be calculated by multiplying the approved square foot area of the projects as set forth in WAC 392-900-040 by the construction cost allocation as set forth in WAC 392-343-060.
NEW SECTION
WAC 392-900-060 Eligible square footage.
(1) Eligible area for STEM pilot projects is one thousand four hundred forty square feet per science lab or classroom combination, or both; and one thousand forty square feet per science classroom. The total eligible area per STEM project must not exceed fifteen thousand eight hundred forty.
(2) Additional square footage funded through the STEM grant program will be excluded from the school district's inventory of instructional space as defined in WAC 392-343-019 for determining eligibility for state assistance until the date of the final review of the latest study and survey of the affected school district following acceptance of the project by the school district board of directors, or for a period of five years, whichever is earliest.
(3) Additional square footage funded through the K-3 class size reduction grant program becomes part of a school district's inventory of instructional space for determining eligibility as defined in WAC 392-343-019 and shall be ineligible for state funding assistance for modernization for thirty years as described in WAC 392-347-015(4).
(4) Districts receiving funding through the STEM and class size reduction grants may modernize facilities that were previously closed pursuant to WAC 392-347-042.
NEW SECTION
WAC 392-900-070 Process requirements.
(1) The following documents and information will be required to be submitted to the office of the superintendent of public instruction before STEM grant awards are finalized:
(a) New-in-lieu resolution (if applicable);
(b) Intent to construct board resolution;
(c) Five-year use/thirty-year life board resolution; and
(d) Certification letter from school district that any excess costs above STEM grant award and enhanced state assistance funding will be covered with local funding.
(2) Upon completion of all STEM projects, the following shall be submitted to the office of the superintendent of public instruction:
(a) Certified letter from architect verifying final square footage of project; and
(b) Final acceptance of completion board resolution.
(3) The following documents and information will be required to be submitted to the superintendent of public instruction before K-3 class size reduction grants awards are finalized:
(a) Five-year use/thirty-year life board resolution;
(b) Project assurances board resolution;
(c) Certification that the school district has authorized local funds to complete the project(s);
(d) Certification that the school district has an available site(s) for the project(s);
(e) Certification that additional classrooms will achieve progress towards the average class size objectives for the 2017-18 school year enumerated in RCW
28A.150.260 in effect as of October 31, 2014, and all-day kindergarten as funded pursuant to RCW
28A.150.315.
(4) Upon completion of all K-3 class size reduction grant projects, the following shall be submitted to the superintendent of public instruction:
(a) Name of school facility;
(b) Number of classrooms added, renovated or modernized;
(c) Gross square footage added, renovated or modernized;
(d) Total project budget amount (construction and soft costs);
(e) Final construction contract amount;
(f) Site plan;
(g) Floor plan(s);
(h) Area analysis;
(i) If applicable, high-performance scorecard and credit cost analysis (chapter
39.35D RCW);
(j) If applicable, high-performance ELCCA executive summary (chapter
39.35D RCW);
(k) If applicable, apprenticeship reporting documentation (RCW
39.04.320); and
(l) Final acceptance of completion board resolution.
NEW SECTION
WAC 392-900-080 State funded combination projects.
Eligible STEM grant projects that are undertaken in conjunction with another school construction assistance program project must follow all applicable requirements defined in chapters 392-342 through 392-347 WAC. State construction assistance funding and STEM grant awards for eligible area within the STEM grant project will be calculated separately in accordance with this chapter.
NEW SECTION
WAC 392-900-090 Waiver of rules to facilitate pilot grant programs.
Subject to factual determinations by the superintendent of public instruction, the provisions of chapters 392-341 through 392-347 WAC which supplement statutory requirements are hereby deemed waived to the extent any provision would prevent or delay the implementation of legislative allocations, grant programs or pilot grant programs.
