reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-344 - State assistance in providing school plant facilities-Procedural regulations › Section 392-344-130 - Disbursement of moneys-Sequence of payments

Current through Register Vol. 24-14, July 15, 2024
The order in which funds shall be disbursed for school facility
				construction shall be as follows:
(1)
			 Prior to payment of state funding assistance, the school district shall make
			 payments on all claims submitted until such time as the total amount of local
			 funds obligated by the district have been expended.
(2) When local funds have been expended as in
			 subsection (1) of this section, payments of state funding assistance shall then
			 be made: Provided, That for projects authorized for state funding assistance
			 pursuant to WAC
			 392-344-115(2) 
			 after June 30, 1993, payment shall be made after receipt of written
			 certification by the school district board of directors that the school
			 facility project authorized for state funding assistance has been or will be
			 completed according to the purposes for which the state funding assistance is
			 being provided.
(3) Payment of
			 state funding assistance for projects receiving small district modernization
			 grant funds authorized under
			 RCW
			 28A.525.159 may receive payment prior to the
			 expenditure of local funds obligated by the district with the approval of the
			 superintendent of public instruction. The maximum amount of state funding
			 assistance a district may receive prior to the expenditure of local funds
			 obligated by the district is ninety percent.
Statutory Authority:
				  RCW
				  28A.525.020. 10-09-008, § 392-344-130,
				  filed 4/8/10, effective 5/9/10; 06-16-032, amended and recodified as §
				  392-344-130, filed 7/25/06, effective 8/25/06. Statutory Authority:
				  RCW
				  28A.525.020 and 1994 c 6 sp.s. 94-13-019,
				  § 180-29-130, filed 6/3/94, effective 7/4/94. Statutory Authority: RCW
				  28A.47.830. 83-21-067 (Order 12-83), § 180-29-130, filed
				  10/17/83.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-344 - State assistance in providing school plant facilities-Procedural regulations › Section 392-344-135 - Disbursement of moneys - General provisions applicable to payments

Current through Register Vol. 24-14, July 15, 2024
Disbursement of moneys shall be in accordance with the
				following provisions:
(1) Payments to
			 contractor(s) by school district. Payments to contractors shall be on the basis
			 of work completed. Contractors shall submit to the school district monthly
			 estimates of work completed which shall be supported by the
			 architect/engineer's certificate for payment. No payments shall be made without
			 certification from the architect/engineer that such work has been
			 completed.
(2) Payments to others.
			 Payments to others as per chapter 392-343 WAC shall be made in accordance with
			 the contract provisions for those services.
(3) Retainage. The provisions of chapter
			 60.28 RCW relating to public works contracts and of WAC
			 392-344-147 shall govern
			 retainage on contract payments.
Statutory Authority: RCW 28A.525.020. 06-16-032, amended and
				  recodified as § 392-344-135, filed 7/25/06, effective 8/25/06. Statutory
				  Authority:
				  RCW
				  28A.525.020 and 1992 c 233 § 24(8)(e).
				  94-14-028, § 180-29-135, filed 6/28/94, effective 7/29/94. Statutory
				  Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-135, filed
				  10/17/83.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-344 - State assistance in providing school plant facilities-Procedural regulations › Section 392-344-140 - Disbursements of moneys by school district(s) - Superintendent of public instruction filing

Current through Register Vol. 24-14, July 15, 2024
At such time as the total amount of local funds obligated by
				the school district have been expended, a signed statement by an authorized
				agent of the board of directors comprising a listing of all payments to
				contractors and others, including retainage, shall be submitted to the
				superintendent of public instruction.
Statutory Authority: RCW 28A.525.020. 10-09-008, §
				  392-344-140, filed 4/8/10, effective 5/9/10; 06-16-032, recodified as §
				  392-344-140, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW
				  28A.47.830. 83-21-067 (Order 12-83), § 180-29-140, filed
				  10/17/83.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-344 - State assistance in providing school plant facilities-Procedural regulations › Section 392-344-145 - Disbursement of moneys by superintendent of public instruction

Current through Register Vol. 24-14, July 15, 2024
All school district claims for payment from state funding
				assistance shall be submitted to the superintendent of public instruction on
				invoice vouchers provided by the superintendent of public instruction and shall
				be signed by the authorized agent of the school district. State warrants issued
				in payments, unless the school district agent designates a specific payee,
				shall be drawn payable to the school district. In all cases, warrants shall be
				transmitted to the school district for disposition.
Statutory Authority: RCW 28A.525.020. 10-09-008, §
				  392-344-145, filed 4/8/10, effective 5/9/10; 06-16-032, recodified as §
				  392-344-145, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW
				  28A.47.830. 83-21-067 (Order 12-83), § 180-29-145, filed
				  10/17/83.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-344 - State assistance in providing school plant facilities-Procedural regulations › Section 392-344-147 - Retained percentage law related requirements

Current through Register Vol. 24-14, July 15, 2024
(1) State funding assistance is conditioned
			 upon a school district's compliance with the cash, or bond in lieu of cash,
			 retained percentage requirements of chapter 60.28 RCW and this section. A
			 school district may elect to administer compliance with all requirements of
			 chapter 60.28 RCW or, in part, designate the superintendent of public
			 instruction as agent of the school district for purposes of administering
			 retained percentage moneys reserved under
			 RCW
			 60.28.011.
(2) Under
			 RCW
			 60.28.011, a school district either:
(a) Must provide for the reservation of five
			 percent of all moneys earned by a contractor either by the district, deposited
			 by the district in an interest-bearing account or placed in escrow as provided
			 in RCW
			 60.28.011(4); or
(b) Must accept a bond submitted by the
			 contractor from any portion of the retainage in a form acceptable to the
			 superintendent of public instruction and the school district and from a bonding
			 company which meets the standards established at subsection (4)(b) of this
			 section and by the school district, unless the school district can demonstrate
			 good cause for refusing to accept the bond.
As a general rule, the superintendent of public instruction
				prefers and recommends the cash retainage option for reasons which include the
				security and ease of enforcement which the cash option affords.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-344 - State assistance in providing school plant facilities-Procedural regulations › Section 392-344-150 - Changes in contract cost

Current through Register Vol. 24-14, July 15, 2024
The final contract cost shall be determined after inclusion of
				the net change due to additive and/or deductive change orders. If the final
				contract cost results in an increase above the original bid amount, the school
				district shall finance the entire increase. If the final contract cost results
				in a decrease from the original bid amount, the school district and the state
				shall share the amount of the decrease based on the state funding assistance
				percentage in effect at the time of contract award. Copies of all change orders
				when executed and signed by the school district's authorized agent and the
				project architect/engineer shall be forwarded to the superintendent of public
				instruction.
Statutory Authority: RCW 28A.525.020. 10-09-008, §
				  392-344-150, filed 4/8/10, effective 5/9/10; 06-16-032, recodified as §
				  392-344-150, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW
				  28A.47.830. 83-21-067 (Order 12-83), § 180-29-150, filed
				  10/17/83.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-344 - State assistance in providing school plant facilities-Procedural regulations › Section 392-344-155 - Final acceptance of project by architect/engineer

Current through Register Vol. 24-14, July 15, 2024
Upon final completion of the project by contractor(s), the
				architect/engineer shall inspect the project to determine compliance with the
				construction documents. The architect/engineer, upon determining that the
				project has been completed satisfactorily, shall make such recommendation
				through the issuance of a certificate of completion to the school district
				board of directors. Separate certificates of completion shall be written for
				each contract awarded. Certificates of completion shall provide a statement of
				work completed including the gross square footage of new and/or modernized
				construction per WAC
				392-343-019.
Statutory Authority: RCW 28A.525.020. 06-16-032, amended and
				  recodified as § 392-344-155, filed 7/25/06, effective 8/25/06; 98-19-141,
				  § 180-29-155, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW
				  28A.47.830. 83-21-067 (Order 12-83), § 180-29-155, filed
				  10/17/83.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-344 - State assistance in providing school plant facilities-Procedural regulations › Section 392-344-160 - Acceptance of project by school district

Current through Register Vol. 24-14, July 15, 2024
The board of directors for a school district shall accept a
				project as complete or reject a project as incomplete after a review of the
				building commissioning final report, an inspection of the project, and receipt
				of certificate(s) of completion signed by the architect/engineer. A school
				district board resolution accepting the projects as complete must be submitted
				to OSPI before release of retainage shall be made in accordance with WAC
				392-344-165.
Statutory Authority: RCW 28A.525.020. 08-20-008, §
				  392-344-160, filed 9/18/08, effective 10/19/08; 06-16-032, amended and
				  recodified as § 392-344-160, filed 7/25/06, effective 8/25/06; 99-24-126,
				  § 180-29-160, 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, § 180-29-160, filed 11/24/92, effective 12/25/92. Statutory
				  Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-160, filed
				  10/17/83.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-344 - State assistance in providing school plant facilities-Procedural regulations › Section 392-344-165 - Documents required for release of retainage by school district

Current through Register Vol. 24-14, July 15, 2024
Release of retainage on contracts shall be subject to receipt
				by the superintendent of public instruction of the following documents:
(1) These documents shall be required no
			 later than thirty days after official acceptance:
(a) Architect/engineer certificate(s) of
			 completion;
(b) School district
			 board of directors' resolution of final acceptance signed by the authorized
			 agent of the school district;
(c)
			 School district board of directors' resolution accepting the building
			 commissioning report;
(d)
			 Certification by the authorized agent of the school district that the
			 requirements of
			 RCW
			 39.04.320 apprenticeship utilization have
			 been met;
(e) Final project costs
			 as defined by the superintendent of public instruction.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-344 - State assistance in providing school plant facilities-Procedural regulations › Section 392-344-170 - Liens

Current through Register Vol. 24-14, July 15, 2024
In the event that liens are filed with the school district, the
				provisions of
				RCW
				60.28.010 through
				60.28.060 shall apply. If the
				district holds a cash retainage under WAC
				392-344-147(2)(a),
				the amount of each lien plus three thousand dollars or twenty-five percent of
				the claim, whichever is greater, for potential attorney fees, plus ten percent
				of the lien claim for court costs, shall be withheld from the retainage until
				any lien has been removed.
Statutory Authority: RCW 28A.525.020. 06-16-032, amended and
				  recodified as § 392-344-170, filed 7/25/06, effective 8/25/06. Statutory
				  Authority:
				  RCW
				  28A.525.020 and 1992 c 233 § 24(8)(e).
				  94-14-028, § 180-29-170, filed 6/28/94, effective 7/29/94. Statutory
				  Authority: RCW 28A.47.830. 83-21-067 (Order 12-83), § 180-29-170, filed
				  10/17/83.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-344 - State assistance in providing school plant facilities-Procedural regulations › Section 392-344-200 - Applications and forms

Current through Register Vol. 24-14, July 15, 2024
In addition to applications and forms prescribed in WAC
				392-341200 and 392-342-200, commencing January 1, 1986, applications and forms
				applicable to the provisions of this chapter for school facility projects shall
				be as follows:
(1) Applications for
			 secured funding status pursuant to WAC 392-344-107 shall be designated as OSPI
			 Application D-7.
(2) Grants of
			 secured funding status pursuant to WAC 392-344-107 shall be given to districts
			 through OSPI D-8 Form.
(3) Grants
			 of authority for school districts to proceed without secured funding status
			 pursuant to WAC 392-344-107 shall be given to districts through OSPI D-8-1
			 Form.
(4) Applications for
			 authority to enter into contracts pursuant to WAC 392-344-110 shall be
			 designated as OSPI D-9 Application.
(5) Grants of authority to enter into
			 contracts pursuant to WAC 392-344-115 shall be given to districts through OSPI
			 D-10 Form.
(6) Grants of authority
			 for school districts to enter into contracts without secured funding status
			 pursuant to WAC 392-344-115 shall be given to districts through OSPI D-10-1
			 Form.
(7) Applications for SPI to
			 release retainage pursuant to WAC 392-344-165 shall be designated as OSPI D-11
			 Application.
(8) Grants of release
			 of final retainage pursuant to WAC 392-344-165 shall be given through OSPI D-12
			 Form.
Statutory Authority:
				  RCW
				  28A.525.020. 06-16-032, amended and
				  recodified as § 392-344-200, filed 7/25/06, effective 8/25/06; 98-19-141,
				  § 180-29-200, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW
				  28A.47.830. 85-24-047 (Order 24-85), § 180-29-200, filed
				  11/27/85.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-345 - State funding assistance in providing school plant facilities - Interdistrict cooperation in financing school plant construction › Section 392-345-005 - Authority

Current through Register Vol. 24-14, July 15, 2024
This chapter is adopted pursuant to
				RCW
				28A.525.020 relating to authority of the
				superintendent of public instruction to prescribe rules and regulations
				governing the administration, control, terms, conditions and disbursements of
				allotments to 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 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. 10-09-040, §
				  392-345-005, filed 4/14/10, effective 5/15/10; 06-16-031, amended and
				  recodified as § 392-345-005, filed 7/25/06, effective 8/25/06; 98-19-144,
				  § 180-31-005, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990
				  c 33. 90-17-009, § 180-31-005, filed 8/6/90, effective 9/6/90. Statutory
				  Authority: RCW 28A.47.830. 83-21-068 (Order 13-83), § 180-31-005, filed
				  10/17/83.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-345 - State funding assistance in providing school plant facilities - Interdistrict cooperation in financing school plant construction › Section 392-345-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to set forth provisions
				applicable to approval of a cooperative financing plan for the construction or
				modernization of school facilities by two or more school
				districts.
Statutory Authority: RCW 28A.525.020. 06-16-031, recodified
				  as § 392-345-010, filed 7/25/06, effective 8/25/06. Statutory Authority:
				  RCW 28A.47.830. 83-21-068 (Order 13-83), § 180-31-010, filed
				  10/17/83.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-345 - State funding assistance in providing school plant facilities - Interdistrict cooperation in financing school plant construction › Section 392-345-012 - Waiver of rules to facilitate alternative public works contracting procedures

Current through Register Vol. 24-14, July 15, 2024
The provisions of this chapter may be deemed waived in
				accordance with WAC
				392-341-012.
Statutory Authority: RCW 28A.525.020. 06-16-031, amended and
				  recodified as § 392-345-012, filed 7/25/06, effective 8/25/06; 01-08-040,
				  § 180-31-012, filed 3/30/01, effective
				  4/30/01.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-345 - State funding assistance in providing school plant facilities - Interdistrict cooperation in financing school plant construction › Section 392-345-015 - Applicant district defined

Current through Register Vol. 24-14, July 15, 2024
The board of directors of the school district in which the
				proposed new school facility is to be located or in which the school facility
				proposed for modernization is located shall be the applicant district and it
				shall be the responsibility of said board of directors to submit the
				application for financial plan approval.
Statutory Authority: RCW 28A.525.020. 06-16-031, recodified
				  as § 392-345-015, filed 7/25/06, effective 8/25/06. Statutory Authority:
				  RCW 28A.47.830. 83-21-068 (Order 13-83), § 180-31-015, filed
				  10/17/83.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-345 - State funding assistance in providing school plant facilities - Interdistrict cooperation in financing school plant construction › Section 392-345-020 - Cooperative plan subject to the superintendent of public instruction approval

Current through Register Vol. 24-14, July 15, 2024
Any interdistrict financial plan for construction or
				modernization of school facilities utilizing state funding assistance in the
				financing of the proposed project, shall require approval by the superintendent
				of public instruction prior to carrying into effect the provisions of such
				plan. The superintendent of public instruction approval is only required for
				projects utilizing state funding assistance.
Statutory Authority: RCW 28A.525.020. 10-09-040, §
				  392-345-020, filed 4/14/10, effective 5/15/10; 06-16-031, amended and
				  recodified as § 392-345-020, filed 7/25/06, effective 8/25/06; 98-19-144,
				  § 180-31-020, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW
				  28A.47.830. 83-21-068 (Order 13-83), § 180-31-020, filed
				  10/17/83.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-345 - State funding assistance in providing school plant facilities - Interdistrict cooperation in financing school plant construction › Section 392-345-025 - Application provisions

Current through Register Vol. 24-14, July 15, 2024
For projects utilizing state funding assistance, the host
				district shall submit a written application to the superintendent of public
				instruction which shall include but not be limited to the following documents
				and data:
(1) A joint resolution by
			 the board of directors of all participating school districts which shall:
(a) Confer contractual authority and
			 subsequent ownership on the board of directors in which jurisdiction the school
			 facility is to be located (host district) or, in the event of modernization,
			 the board of directors in which jurisdiction the facility is located (host
			 district);
(b) Designate such board
			 of directors of the host district as the legal applicant. Evidence shall be
			 submitted that the said resolution has been incorporated in the official record
			 of the board of directors of each participating school district; and
(c) Certify that the facility shall be used
			 for the purpose for which it was constructed unless an exception is granted by
			 the superintendent of public instruction.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-345 - State funding assistance in providing school plant facilities - Interdistrict cooperation in financing school plant construction › Section 392-345-030 - Interdistrict cooperative agreements

Current through Register Vol. 24-14, July 15, 2024
Interdistrict agreements between applicant and participating
				districts shall contain and set forth a description of the following
				elements:
(1) Financial terms by which
			 each cooperating district will participate in the cost of construction or
			 modernization and operation of the school facility;
(2) Administration of the school facility and
			 of the program or services to be offered therein and specific services to be
			 utilized by each participating school district;
(3) Duration of the interdistrict cooperation
			 agreement; and
(4) Procedures for
			 dissolution of cooperative operation of the school facility including but not
			 limited to the following:
(a) Ownership of all
			 capital equipment and school facilities;
(b) Distribution of assets or the payments to
			 be made to the participating districts; and
(c) Minimum period of operation prior to
			 dissolution consideration and approval by the superintendent of public
			 instruction in accordance with provisions hereinafter in WAC
			 392-345-040.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-345 - State funding assistance in providing school plant facilities - Interdistrict cooperation in financing school plant construction › Section 392-345-035 - Approval of program or services by superintendent of public instruction

Current through Register Vol. 24-14, July 15, 2024
Approval by the superintendent of public instruction of the
				educational program or services to be offered in the proposed new or modernized
				facility and the proposed administration of such program or services shall be a
				prerequisite for approval by the superintendent of public instruction of an
				interdistrict cooperative financial plan for construction of new or
				modernization of facilities when state funding assistance is
				provided.
Statutory Authority: RCW 28A.525.020. 10-09-040, §
				  392-345-035, filed 4/14/10, effective 5/15/10; 06-16-031, amended and
				  recodified as § 392-345-035, filed 7/25/06, effective 8/25/06; 98-19-144,
				  § 180-31-035, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW
				  28A.47.830. 83-21-068 (Order 13-83), § 180-31-035, filed
				  10/17/83.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-345 - State funding assistance in providing school plant facilities - Interdistrict cooperation in financing school plant construction › Section 392-345-040 - Dissolution provisions

Current through Register Vol. 24-14, July 15, 2024
(1) Procedures
			 for the dissolution of the operation of school facilities pursuant to an
			 interdistrict cooperative agreement shall not be instituted prior to the
			 expiration of ten years after the date of the superintendent of public
			 instruction approval of the financial plan for the construction of such school
			 facilities when such facilities were constructed with state funding assistance:
			 Provided, That a request for dissolution prior to such ten-year period may be
			 approved when, in the judgment of the superintendent of public instruction,
			 there is substantiation of sufficient cause therefor.
(2) Any plan for dissolution as described in
			 subsection (1) of this section shall be submitted to the superintendent of
			 public instruction for review and approval prior to proceeding with dissolution
			 action.
Statutory Authority: RCW 28A.525.020. 10-09-040, §
				  392-345-040, filed 4/14/10, effective 5/15/10; 06-16-031, amended and
				  recodified as § 392-345-040, filed 7/25/06, effective 8/25/06; 98-19-144,
				  § 180-31-040, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW
				  28A.47.830. 83-21-068 (Order 13-83), § 180-31-040, filed
				  10/17/83.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-345 - State funding assistance in providing school plant facilities - Interdistrict cooperation in financing school plant construction › Section 392-345-045 - Interdistrict cooperation in financing school construction - Project construction approval required - Rules and regulations governing

Current through Register Vol. 24-14, July 15, 2024
A project to be constructed under interdistrict cooperative
				financing pursuant to provisions of
				RCW
				28A.335.160 shall be subject to approval by
				the superintendent of public instruction only when state funding assistance is
				involved in the financing thereof and shall be in conformity with the
				applicable rules and regulations hereinafter prescribed. The applicant school
				district shall be responsible for compliance with said rules and
				regulations.
(1) Projects financed
			 with state funding assistance.
(a) All rules
			 and regulations promulgated by the superintendent of public instruction
			 relating to school building construction shall govern the approval of an
			 application for state funding assistance in financing an interdistrict
			 cooperative project except such rules deemed by the superintendent of public
			 instruction to be inapplicable to the said construction: Provided, That in the
			 interest of program improvement and/or improvement in equalization of
			 educational opportunities, the pertinent requirements relating to eligibility
			 on the basis of number of unhoused children may be waived as shall be
			 determined by the superintendent of public instruction.
(b) In determining the amount of state
			 funding assistance, the principle to be applied shall be that each
			 participating district, otherwise eligible for state funding assistance, shall
			 receive such assistance on the basis of the computed area ratio. The amount
			 that each participating district shall provide may be the percentage proportion
			 that the value of its taxable property bears to the total value of taxable
			 property of all participating districts or such other amounts as set forth in
			 the contract submitted as are accepted and approved by the superintendent of
			 public instruction.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-346 - State funding assistance in providing school plant facilities - Interdistrict transportation cooperatives › Section 392-346-005 - Authority

Current through Register Vol. 24-14, July 15, 2024
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
				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 funding 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. 10-09-040, §
				  392-346-005, filed 4/14/10, effective 5/15/10; 06-16-031, amended and
				  recodified as § 392-346-005, filed 7/25/06, effective 8/25/06; 98-19-145,
				  § 180-32-005, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990
				  c 33. 90-17-009, § 180-32-005, filed 8/6/90, effective 9/6/90. Statutory
				  Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), § 180-32-005, filed
				  10/17/83.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-346 - State funding assistance in providing school plant facilities - Interdistrict transportation cooperatives › Section 392-346-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to set forth provisions
				applicable prior to a district's application for state funding assistance in
				the construction of interdistrict transportation cooperative facilities. Except
				as otherwise noted in this chapter, the rules and regulations which apply to
				state funding assistance in financing school facilities set forth below shall
				apply to the construction of interdistrict transportation cooperatives:
(1) State funding assistance: WAC
			 392-343-040,
			 392-343-060, and
			 392-343-070 through
			 392-343-125.
(2) Procedural regulations: WAC
			 392-344-055 through
			 392-344-170.
Statutory Authority: RCW 28A.525.020. 10-09-040, §
				  392-346-010, filed 4/14/10, effective 5/15/10; 06-16-031, amended and
				  recodified as § 392-346-010, filed 7/25/06, effective 8/25/06. Statutory
				  Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), § 180-32-010, filed
				  10/17/83.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-346 - State funding assistance in providing school plant facilities - Interdistrict transportation cooperatives › Section 392-346-012 - Waiver of rules to facilitate alternative public works contracting procedures

Current through Register Vol. 24-14, July 15, 2024
The provisions of this chapter may be deemed waived in
				accordance with WAC
				392-341-012.
Statutory Authority: RCW 28A.525.020. 06-16-031, amended and
				  recodified as § 392-346-012, filed 7/25/06, effective 8/25/06; 01-08-040,
				  § 180-32-012, filed 3/30/01, effective
				  4/30/01.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-346 - State funding assistance in providing school plant facilities - Interdistrict transportation cooperatives › Section 392-346-015 - Interdistrict transportation cooperative members - Definition

Current through Register Vol. 24-14, July 15, 2024
As used in this chapter:
(1) "Participating member" means a district
			 in a cooperative which anticipates making full use of all the services offered
			 by the cooperative and provides its agreed share of local funds required by the
			 superintendent of public instruction. A participating member must be a member
			 of the cooperative for at least ten years.
(2) "Contract member" means a district which
			 contracts to use the services of the cooperative as outlined in the initial
			 agreement for at least three years. At a minimum, contracts for service shall
			 include lubrication, oil and filter changes on a regular basis.
(3) "Applicant district" means the school
			 district in which the proposed interdistrict transportation cooperative
			 facility is to be located or in which the facility proposed for modernization
			 is located. It shall be the responsibility of said applicant district to submit
			 the application for financial plan approval.
Statutory Authority: RCW 28A.525.020. 10-09-040, §
				  392-346-015, filed 4/14/10, effective 5/15/10; 06-16-031, amended and
				  recodified as § 392-346-015, filed 7/25/06, effective 8/25/06. Statutory
				  Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), § 180-32-015, filed
				  10/17/83.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-346 - State funding assistance in providing school plant facilities - Interdistrict transportation cooperatives › Section 392-346-020 - Interdistrict transportation cooperative - Cooperative plan subject to the superintendent of public instruction approval

Current through Register Vol. 24-14, July 15, 2024
Any financial plan for construction of an interdistrict
				transportation cooperative utilizing state funding assistance in the financing
				of the proposed project, shall require approval by the superintendent of public
				instruction prior to implementing the provisions of such plan. The
				superintendent of public instruction approval is only required for projects
				utilizing state funding assistance.
Statutory Authority: RCW 28A.525.020. 10-09-040, §
				  392-346-020, filed 4/14/10, effective 5/15/10; 06-16-031, amended and
				  recodified as § 392-346-020, filed 7/25/06, effective 8/25/06; 98-19-145,
				  § 180-32-020, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW
				  28A.47.830. 83-21-070 (Order 15-83), § 180-32-020, filed
				  10/17/83.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-346 - State funding assistance in providing school plant facilities - Interdistrict transportation cooperatives › Section 392-346-025 - Application provisions

Current through Register Vol. 24-14, July 15, 2024
For projects utilizing state funding assistance, the host
				school district shall submit a written application to the superintendent of
				public instruction which shall include but not be limited to the following
				documents and data:
(1) A joint
			 resolution by the board of directors of all participating school districts
			 which shall:
(a) Confer contractual authority
			 and subsequent ownership on the board of directors in which jurisdiction the
			 facility is to be located or, in the event of modernization, in which
			 jurisdiction the facility is located (host district);
(b) Designate such board of directors as the
			 legal applicant; and
(c) A copy of
			 the official record of the board of directors of each participating school
			 district indicating that the resolution has been formally adopted.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-346 - State funding assistance in providing school plant facilities - Interdistrict transportation cooperatives › Section 392-346-030 - Interdistrict agreements

Current through Register Vol. 24-14, July 15, 2024
Interdistrict agreements between participating and contract
				districts shall contain and set forth descriptions of the following
				elements:
(1) Financial terms by each
			 cooperating district shall participate in the cost of construction or
			 modernization and operation of the facility.
(2) The district administering the facility
			 and the program or services to be offered therein and specific services to be
			 utilized by each participating school district.
(3) Duration of the interdistrict cooperation
			 agreement.
(4) Procedures for
			 dissolution of cooperative operation of the facility including but not limited
			 to the following:
(a) Ownership of all capital
			 equipment and facilities;
(b)
			 Distribution of assets or the payments to be made to the participating
			 districts; and
(c) Minimum period
			 of operation prior to dissolution consideration and approval by the
			 superintendent of public instruction in accordance with chapter 392-345
			 WAC.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-346 - State funding assistance in providing school plant facilities - Interdistrict transportation cooperatives › Section 392-346-035 - Approval - The superintendent of public instruction

Current through Register Vol. 24-14, July 15, 2024
Approval by the superintendent of public instruction of
				services to be offered in the proposed interdistrict transportation cooperative
				and the proposed district administration of such program or services shall be a
				prerequisite for approval by the superintendent of public instruction of an
				interdistrict cooperative financial plan for construction of new facilities or
				modernization of existing facilities when state funding assistance is
				provided.
Statutory Authority: RCW 28A.525.020. 10-09-040, §
				  392-346-035, filed 4/14/10, effective 5/15/10; 06-16-031, amended and
				  recodified as § 392-346-035, filed 7/25/06, effective 8/25/06; 98-19-145,
				  § 180-32-035, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW
				  28A.47.830. 83-21-070 (Order 15-83), § 180-32-035, filed
				  10/17/83.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-346 - State funding assistance in providing school plant facilities - Interdistrict transportation cooperatives › Section 392-346-040 - Dissolution provisions

Current through Register Vol. 24-14, July 15, 2024
(1) Procedures
			 for the dissolution of the operation of interdistrict cooperatives under an
			 interdistrict cooperative agreement shall not be instituted prior to the
			 expiration of ten years after the date of the superintendent of public
			 instruction approval of the financial plan for the construction of such school
			 facilities when such facilities were constructed with state funding assistance:
			 Provided, That a request for dissolution prior to the expiration of ten years
			 may be approved when in the judgment of the superintendent of public
			 instruction there is substantiation of sufficient cause therefor.
(2) Any plan for dissolution as described in
			 subsection (1) of this section shall be submitted to the superintendent of
			 public instruction for review and written approval prior to proceeding with
			 dissolution action.
Statutory Authority: RCW 28A.525.020. 10-09-040, §
				  392-346-040, filed 4/14/10, effective 5/15/10; 06-16-031, amended and
				  recodified as § 392-346-040, filed 7/25/06, effective 8/25/06; 98-19-145,
				  § 180-32-040, filed 9/23/98, effective 10/24/98. Statutory Authority: RCW
				  28A.47.830. 83-21-070 (Order 15-83), § 180-32-040, filed
				  10/17/83.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-346 - State funding assistance in providing school plant facilities - Interdistrict transportation cooperatives › Section 392-346-045 - Interdistrict transportation cooperative - Types

Current through Register Vol. 24-14, July 15, 2024
Except as otherwise noted, the amount of the final allocation
				of state funding assistance in the construction of an approved interdistrict
				transportation cooperative facility shall be based on the number of buses in
				actual service and the number of buses for which the cooperative has contracted
				from other districts at the time of application and in accordance with the
				following cooperative types and square footage allowances:
Type
Number of Buses
Square Footage
Minimum
Maximum
One
96 or more
21,000
Negotiable
Two
46-95
15,000
20,999
Three
0-45
10,000
14,999
Statutory Authority: RCW 28A.525.020. 10-09-040, §
				  392-346-045, filed 4/14/10, effective 5/15/10; 06-16-031, recodified as §
				  392-346-045, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW
				  28A.47.830. 83-21-070 (Order 15-83), § 180-32-045, filed
				  10/17/83.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-346 - State funding assistance in providing school plant facilities - Interdistrict transportation cooperatives › Section 392-346-050 - Site review and evaluation

Current through Register Vol. 24-14, July 15, 2024
The superintendent of public instruction together with the
				proposing district(s) shall conduct an on-site review and evaluation of sites
				for new and existing state funding assistance projects. In selecting sites, the
				district(s) should assure that:
(1)
			 The property upon which the facility is or will be located is free and clear of
			 all encumbrances that would detrimentally interfere with the construction and
			 operation or useful life of the facility.
(2) The site is of sufficient size to meet
			 the needs of the facility.
(3) A
			 geotechnical engineer has conducted a limited subsurface investigation to
			 gather basic information regarding potential foundation and subgrade
			 performance.
(4) The site
			 accessibility is convenient and efficient for participating and contract school
			 districts with the least amount of disturbance to the area in which it is
			 located.
(5) The site topography is
			 conducive to desired site development.
(6) A site review or predesign conference has
			 been conducted with all local code agencies in order to determine design
			 constraints.
Statutory Authority: RCW 28A.525.020. 10-09-040, §
				  392-346-050, filed 4/14/10, effective 5/15/10; 06-16-031, recodified as §
				  392-346-050, filed 7/25/06, effective 8/25/06; 98-19-145, § 180-32-050,
				  filed 9/23/98, effective 10/24/98. Statutory Authority: RCW 28A.47.830.
				  83-21-070 (Order 15-83), § 180-32-050, filed
				  10/17/83.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-346 - State funding assistance in providing school plant facilities - Interdistrict transportation cooperatives › Section 392-346-060 - Design team - Architect/engineering services

Current through Register Vol. 24-14, July 15, 2024
Architect/engineering service fees for state funding assistance
				purposes shall be determined pursuant to WAC
				392-343-070.
Statutory Authority: RCW 28A.525.020. 10-09-040, §
				  392-346-060, filed 4/14/10, effective 5/15/10; 06-16-031, amended and
				  recodified as § 392-346-060, filed 7/25/06, effective 8/25/06. Statutory
				  Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), § 180-32-060, filed
				  10/17/83.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-346 - State funding assistance in providing school plant facilities - Interdistrict transportation cooperatives › Section 392-346-065 - Support level - Furniture and equipment allowances

Current through Register Vol. 24-14, July 15, 2024
An allowance for furniture and equipment purchases shall be
				added to the total construction costs of a project determined eligible for
				state funding assistance. The equipment allowance shall be determined by
				multiplying the approved square foot area of the project by the construction
				cost allocation of state support for the fiscal year funded and that product
				multiplied by seven percent.
Statutory Authority: RCW 28A.525.020. 10-09-040, §
				  392-346-065, filed 4/14/10, effective 5/15/10; 06-16-031, recodified as §
				  392-346-065, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW
				  28A.47.830 and
				  
											28A.525.020. 01-19-042, § 180-32-065,
				  filed 9/14/01, effective 10/15/01. Statutory Authority: RCW 28A.47.830.
				  83-21-070 (Order 15-83), § 180-32-065, filed
				  10/17/83.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-346 - State funding assistance in providing school plant facilities - Interdistrict transportation cooperatives › Section 392-346-070 - Interdistrict transportation cooperatives - State funding assistance

Current through Register Vol. 24-14, July 15, 2024
In the financing of an approved interdistrict transportation
				cooperative, the superintendent of public instruction shall provide ninety
				percent of the total approved project cost determined eligible for state
				funding assistance.
Statutory Authority: RCW 28A.525.020. 10-09-040, §
				  392-346-070, filed 4/14/10, effective 5/15/10; 06-16-031, amended and
				  recodified as § 392-346-070, filed 7/25/06, effective 8/25/06. Statutory
				  Authority: RCW 28A.47.830. 83-21-070 (Order 15-83), § 180-32-070, filed
				  10/17/83.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-347 - State funding assistance in providing school plant facilities-Modernization › Section 392-347-005 - Authority

Current through Register Vol. 24-14, July 15, 2024
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
				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 funding assistance for school
				facilities are
				RCW
				28A.525.030,
				28A.525.040, and
				28A.525.162 through
				28A.525.178.
Statutory Authority: RCW 28A.525.020. 10-09-008, §
				  392-347-005, filed 4/8/10, effective 5/9/10; 06-16-031, amended and recodified
				  as § 392-347-005, filed 7/25/06, effective 8/25/06; 98-19-138, §
				  180-33-005, filed 9/23/98, effective 10/24/98. Statutory Authority: 1990 c 33.
				  90-17-009, § 180-33-005, filed 8/6/90, effective 9/6/90. Statutory
				  Authority: RCW 28A.47.830. 83-21-071 (Order 16-83), § 180-33-005, filed
				  10/17/83. Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), §
				  180-33-005, filed 12/1/81.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-347 - State funding assistance in providing school plant facilities-Modernization › Section 392-347-007 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to set forth provisions
				applicable to state funding assistance in the modernization of existing school
				facilities.
Statutory Authority: RCW 28A.525.020. 10-09-008, §
				  392-347-007, filed 4/8/10, effective 5/9/10; 06-16-031, recodified as §
				  392-347-007, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW
				  28A.47.830. 83-21-071 (Order 16-83), § 180-33-007, filed
				  10/17/83.
Washington Administrative Code › Title 392 - Public Instruction, Superintendent of › Chapter 392-347 - State funding assistance in providing school plant facilities-Modernization › Section 392-347-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
As used in this chapter: "Modernization" shall mean the making
				of major structural changes in such facilities and may include as incidental
				thereto the replacement of fixtures, fittings, furnishings, and service systems
				of a school facility in order to bring it up to a contemporary state consistent
				with the needs of changing educational programs and applicable codes.
"Major structural change" shall mean major components of a
				school facility contributing to the basic structure and shall not include those
				components such as portable partitions, free-standing panels and screens,
				portable equipment, and furnishings that do not contribute to the basic
				structure.
Statutory Authority: RCW 28A.525.020. 06-16-031, recodified
				  as § 392-347-010, filed 7/25/06, effective 8/25/06. Statutory Authority:
				  RCW 28A.47.830. 83-21-071 (Order 16-83), § 180-33-010, filed 10/17/83.
				  Statutory Authority: RCW 28A.47.073. 81-24-049 (Order 13-81), §
				  180-33-010, filed 12/1/81.