Growth Management

The Snohomish School District, pursuant to Snohomish County Growth Management Policy, Resolution No. 79-7, anticipates that impacts from projected residential growth within the district will exceed the capacity of the district to provide necessary educational services. The anticipated adverse impacts of residential development within the district can be mitigated by requiring residential developers to share in the cost of providing or expanding the district’s capacity to provide educational services.

The district will adopt and promulgate rules, procedures and fee structure implementing the Snohomish County Growth Management Policy, requiring developers of residential property within the district to pay an equitable share of increased costs of providing or expanding the district’s capacity to provide necessary educational services.

Fees to be paid by a developer shall be based upon the projected impact of that developer’s project. Payment shall be paid to the district prior to recording of the residential subdivision plat, except as otherwise provided.

Adoption Date: November 22, 1993

Policy 9101- Growth Management

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Public and Professional Advisors

At appropriate times, the superintendent shall arrange for consultation from the general public, persons with disabling conditions and members of the district’s professional staff in order to assure that the district’s master plan, as well as individual facilities projects, have considered the suggestions of those who shall use the facilities.

The superintendent shall also recommend to the board the retention of such specialized professional consultants as lawyers, engineers, architects, and financial advisors both at appropriate times in the planning process and at the time of actual implementation of construction projects.

Adoption Date: November 22, 1993

Policy 9113- Public and Professional Advisors

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Site Acquisition

The district shall attempt to acquire building sites substantially in advance of the actual construction of facilities in order to minimize delay in construction projects and to realize financial savings to the district. An objective appraisal shall be made by a professionally designated real estate appraiser, licensed/certified in the State of Washington, on all property intended for purchase prior to the acquisition of said property. The board shall periodically review its inventory of land in light of growth trends in the district and make such transactions as it determines shall best meet the future needs of the district.

Prior to any purchase of real estate, the district shall obtain a market value appraisal by a professionally designated real estate appraiser as defined in RCW 74.46.020. The board shall select the appraiser.

In acquiring a new site, the board shall always first attempt to reach settlement with the owner through negotiations. Negotiations should be finished before eminent domain proceedings shall be commenced. The district shall resort to condemnation only when it is obvious that negotiations shall not lead to an amicable settlement.

The board shall acquire school sites or facilities only when it clearly contemplates using the property for school purposes.

Legal References:

• RCW 8.16 Eminent Domain by School Districts 28A.335.090 Conveyance and acquisition of property–– Management 28A.335.130 Real property––Sale––Use of proceeds 74.46.020 Definitions

Adoption Date: November 22, 1993

Revised: May 11, 1994, October 25, 1995

Policy 9210- Site Acquisition

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Site Acquisition

Prior to the purchase of land for school district purposes, a professionally designated real estate appraiser, licensed/certified in the State of Washington, will be responsible for processing an objective appraisal. As a minimum, the appraiser:

1. Shall research subject market area and select a minimum of three recent sales of properties most similar and proximate to the subject property and make a dollar adjustment (negative or positive) when appropriate to reflect the market reaction to those items of significant variation.

2. Shall take into consideration the factors that have an impact on value in the development of the estimate of market value.

3. Shall provide a true and correct appraisal report, including a statement that the appraiser:

a. has not withheld any significant information;

b. has no present or prospective interest in the property;

c. has no present or prospective personal interest with respect to the participants in the transaction;

d. did not appraise the property based on race, color, religion, gender, disability, familial status, or national origin of the occupants or present owners of the property.

4. Shall perform the appraisal in conformity with the Uniform Standards of Professional Appraisal Practice.

5. Shall not disclose the contents of the appraisal report as provided for in the Uniform Standards of Professional Appraisal Practice.

This appraisal will be submitted to the school board by the superintendent or designee who will determine as to whether or not additional information is needed, prior to the purchase of land.

Revised: May 11, 1994

Procedure 9210P- Site Acquisition Procedures

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Finance

The board shall attempt to add moneys to the building fund regularly in such amounts as are available and appropriate to the district’s needs as projected by the facilities master plan. Moneys in that fund, which are not immediately needed, shall be invested in those securities permitted by law which shall provide maximum return to the fund. In addition to those moneys, the board shall seek authority from district electors to issue bonds for school construction when specific projects are anticipated.

The board shall also seek matching funds from the state board of education to the maximum extent available, as well as any federal funds that may be available.

Legal References:

• RCW 28A.525.020 Duties of state board of education
• RCW 28A.525.080 Federal grants— Rules and regulations
• RCW 28A.320.310 Investment of idle building funds— Restrictions
• WAC 180-30-003 to 400 State assistance in providing school plant facilities
• WAC 180-30-500 to 520 Cost stabilization program
• WAC 180-30-575 Federal grants
• WAC 180-30-610 to 780 Procedural regulations

Adoption Date: November 22, 1993

Policy 9220- Finance

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Design Phase

Each phase of the design of a construction project shall be subject to board approval, before continuing to the next design phase. The phases are:

1. Selection of an architect.

2. Identification of the educational specifications.

3. Preparation of preliminary drawings, using the educational specifications. The line drawings shall illustrate and indicate the following:

a. Site plan and building location.

b. General room plains, including dimension factors.

c. Elevation drawings, and

d. Estimated total area of building and site and a cost estimate of the proposed construction or renovation.

4. Submission of design drawings. Cost data sheets are to be submitted along with the design drawings to assure that the cost of the project is within the projected cost. The design plans are to include:

a. A site plan with specifications regarding building size, location, room for expansion, and additions, parking facilities, walkways, playgrounds and other matters relating to the physical dimensions of the proposed new site or renovation.

b. Floor plans, with specification relating to room sizes, names, capacities, etc.

c. Exterior elevations plans, including exterior building specifications.

d. Detailed equipment and furnishings, including a list of materials to be used.

e. Large scale plans of complex areas.

Legal References:

• RCW 39.35 Short term obligations
• 42 USC 26 12101-12213 Americans with Disabilities Act
• WAC 180-30-406 Energy conservation program— Life cycle cost analysis

Adoption Date: November 22, 1993

Policy 9230- Design Phase

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Selection of the Architect

When considering the acquisition of architectural and engineering services the board of directors shall issue a notice in publication(s) of general circulation stating the general scope and nature of project(s) for which services are required. Effort shall be made to inform firms who employ minorities and/or women.

Interested firms will be requested to submit a statement of qualifications and performance data to enable the board to determine which architectural or engineering firm will best serve the needs of the district. Criteria for selection of a firm shall include, but not be limited to, quality and breadth of staff, design of similar projects, production capability, supervision and quality control, relationship with clients, cost estimates and budget control.

The superintendent is directed to establish necessary procedures to solicit and screen qualified engineers and architects. The superintendent shall recommend one or more firms to the board for its consideration. The board and the successful architectural of engineering firm shall enter into a contract for the necessary services. In the event of an emergency, the board may waive this selection process and secure such services as needed.

Legal Reference:

• RCW 28A.330.100(3) Additional powers of boards (1st class)
• RCW 39.8 Contracts for architects & engineering services
• AGO 57-59 No. 68 Architects’ contracts

Adoption Date: November 22, 1993

Revised: April 14, 2004

Policy 9231- Selection of the Architect

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Selection of the Architect

When architectural and engineering services are required by the district, the following procedures shall be in effect:

A. Announcement for professional services will be sent to community publications. The announcement shall specify:

1. The general nature and scope of the project(s):

2. The district representative to contact for further details; and

3. The deadline for submission of letter of interest.

B. Each interested architect and/or engineer shall be advised to submit a resume which includes as a minimum:

1. Description of professional staff and respective roles for each;

2. Lists of projects completed during the past two years and contact person;

3. Status of current contract;

4. Description of typical site supervision;

5. References – bank, bonding company, three clients; and

6. Exhibits of cost estimates for two most recent projects, including comparisons to actual completed project costs.

C. Application shall be screened by selected staff to identify firms to be interviewed, or to identify the most qualified firm(s).

D. The superintendent or designee shall enter into negotiations with the firm(s) to establish a professional services fee which is fair and reasonable. If the superintendent or designee, is unable to negotiate a satisfactory contract, the next highest ranked firm will be contacted.

E. The tentative contract will be referred to the board as a recommendation.

Revised: November 22, 1993, April 14, 2004

Procedure 9231P- Selection of the Architect

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Educational Specifications

Facilities shall be designed to accommodate the educational and instructional needs of the district. The professional experience and judgment of the staff shall be used in developing such educational specifications. The law requires that special attention be given the accessibility to the educational program by students of both sexes and those with disabilities.

The superintendent shall see that all construction projects comply with the requirements for accessibility to persons with disabilities and comparability between the sexes.

Legal References:

• 42 U.S.C. 12101-12213 Americans with Disabilities Act
• CFR 45, Part 84.23
• WAC 392-190-050 Course offerings— Generally— Separate sessions or groups permissible

Adoption Date: November 22, 1993

Policy 9232- Educational Specifications

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Educational Specifications

Educational specifications are written after consultation with appropriate staff, consultants, and citizens. The content of a set of educational specifications would include all or part of the following teams:

1. A statement of the educational philosophy as it pertains to the specific construction project.

2. Community and School Characteristics

a. The plan of organization and expected enrollments of the school (1) grade levels (2) maximum expected enrollments with trends and projections, if necessary

b. The construction plan for the facility (1) new facility (2) addition to existing facilities (3) phased program leading to completion

c. Special services to be provided (1) guidance programs (2) social worker’s programs (3) provisions for exceptional children (4) others

d. The special provisions needed for community use (1) cooperative park/school arrangement (2) parent-teacher associations (3) community athletic programs (4) civil athletic programs (5) other

e. The extent that adults shall use the facility

f. The extent to which students shall be transported and the facilities that must be included to handle this service adequately

g. The cafeteria services to be provided and the maximum number likely to be served

h. The policy regarding multiple use of spaces

i. Other pertinent data relating to the project

3. Site Characteristics

a. Site considerations necessary for this project (1) Site size and location defined 

b. Recommended building orientation; service drives; parking requirements for staff, students, and public; sidewalk and other approaches; outside lighting

4. Requirements of the Physical Plant

a. Instructional functions and spaces required. A statement of instructional purposes is to precede the description of each area. (1) Number of spaces required by function (2) The relationships of these spaces

b. The non-instructional spaces required. Each space to be described by function and spaces required

c. Relationships of spaces required. (1) Inter-relationship between instructional areas (2) Relationship between instructional and non-instructional spaces (3) Relationship of spaces to site

d. Environmental factors should be described in terms of educational relationships or concerns

5. Additional information or comments as necessary to further interpret the educational program.

Revised: November 22, 1993

Procedure 9232P- Educational Specifications Procedures

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Energy Conservation

In light of the increasing cost and dwindling supply of conventional energy sources, a life cycle cost analysis shall be required of each major construction project. A life cycle cost analysis shall include a description of:

1. Insulation and heat retention factors;

2. Variable occupancy and operating conditions to be incurred by the facility;

3. Overall supply and demand of the facility’s energy system and actual or potential utilization of outside energy sources, such as climate;

4. Initial cost of energy plant; and

5. An energy consumption analysis comparing alternative energy systems.

Legal References:

• RCW 39.35 Energy conservation in design of public facilities
• WAC 180-30-406 Energy conservation program— Life cycle cost analysis

Adoption Date: November 22, 1993

Policy 9233- Energy Conservation

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Design and Construction Phases

All construction shall be done as closely as possible to the provisions and timetables of the facilities master plan. Each new construction or renovation project shall have a Board-approved budget plan which shall set forth an owner’s contingency and an itemized cost listing of labor, materials, etc.

The Superintendent shall review these budgets and report periodically to the Board the progress of the project and his/her assessment of whether the project is proceeding within the budget. All change orders to any public works project contract that will change the contract sum by more than $100,000 shall become binding upon the district only upon Board approval. The district’s designated construction program manager may approve change orders that change the construction contract sum for any public works project by an amount not exceeding $40,000, so long as such change order amounts are within the amount of owner’s contingency for the project. The Superintendent may approve change orders that change the construction contract sum for any public works project by an amount not exceeding $100,000, so long as such change order amounts are within the amount of owner’s contingency for the project.

All amendments to agreements for architectural, engineering, and consulting services (design agreements) that change the original fee amount of a design agreement by more than the greater of $50,000 or ten percent of the original fee amount shall become binding upon the district only upon Board approval. The Superintendent may approve amendments that change the original fee amount of a design agreement by an amount not exceeding ten percent of the original fee amount or $50,000, whichever is greater, so long as the amounts of such amendments are within the amount of owner’s contingency for the project.

All change orders approved by the Superintendent or the district’s program manager and the attendant impacts on project budgets shall be reported to the Board at its next regular meeting.

Adoption Date: November 22, 1993

Revision Dates: December 2, 2009, September 14, 2011

Policy 9240- Design and Construction Phases

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Project Supervision

The superintendent shall oversee the progress of all construction projects. Of primary importance is that the project proceed as planned with regard to expenditures and timetables.

For complex projects involving substantial capital outlay, the board may hire an outside person to supervise the project. Any such person hired in the capacity shall be paid from funds set aside for this purpose.

Adoption Date: November 22, 1993

Policy 9241- Project Supervision

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Project Supervision

The duties of the project supervisor shall include, but are not limited to:

1. Working with the architect in the preparation of bid specifications and administering the bid procedures;

2. Assuring compliance with state and federal funding requirements;

3. Seeking maximum cost savings by utilization of guidelines of the state’s cost stabilization program or other procedures;

4. Recommending methods of construction;

5. Supervising work to assure compliance with budget, specifications and plans;

6. Inspecting all work and recommending that work cease or proceed as needed;

7. Working with public authorities to assure proper compliance with licensing, safety, fire, and health regulations;

8. Assisting the staff member responsible for facilities operation and maintenance to become knowledgeable of the new or renovated facility; and

9. Approving construction invoices for payment.

Adoption Date: November 22, 1993

Revision Date: May 16, 2011

Procedure 9241P- Project Supervision

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Contractor Assurances

No contract shall be let to any contractor who is not licensed or registered as required by the laws of this state. Nor shall a contractor be granted a contract unless a statement is submitted and sworn to which states that the contractor is in compliance with the state laws relating to prevailing wage for public works and with state and federal laws relating to nondiscrimination in hiring. Such a statement may be a provision or clause in the contract.

Legal References:

• RCW 39.06.010 Contracts with unregistered or unlicensed contractors prohibited
• RCW 39.12 Prevailing Wages on Public Works
• RCW 49.60.180 Unfair practices of employment defined
• Title 7 Civil Rights Act of 1964
• Section 504 Rehabilitation Act of 1973

Adoption Date: November 22, 1993

Revised: April 24, 1996, June 24, 1998

Contractor Assurances- 9424

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Contractor Surety Bonds and Insurance

Each contractor’s bid must be accompanied by a certified or cashier’s check or bid bond in the amount of at least five percent of the total bid amount, excluding taxes. Bid deposits pursuant to this policy may be based upon the architect’s estimated cost of construction. Any bid which is not successful shall entitle the bidder to a refund of its security or bond. The successful bidder shall have his bond or security retained until such a time as it is determined that the bidder shall complete the contract. All bids received shall specify whether the district or the contractor shall carry fire, liability, or other insurance during construction.

The successful bidder is required to make, execute, and deliver to the board a good and sufficient performance bond with two or more sureties or a surety company which shall state that the contractor shall execute and faithfully perform the provisions of the contract and shall pay all subcontractors and material persons as required by law.

Legal Reference:

• RCW 60.28.010 Bond in lieu of retained funds

Adoption Date: November 22, 1993

Policy 9243- Contractor Surety Bonds and Insurance

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Acceptance of Completed Project

Final payment under contract shall be subject to the following:

1. Completion of building commissioning;

2. The architect’s letter of inspection indicating that the work has been completed;

3. Certification by the superintendent that no liens have been filed on the project or, if liens have been filed, a certified list of the liens and their respective order of priority; and

4. Written final acceptance by the board;

Pursuant to statute, final payment shall not be made until the district has received from the state department of revenue, state department of employment security, and state department of labor and industries certification that all taxes due, or to become due by the projects contractor, have been paid in full. The superintendent shall notify each department listed that the work is completed and officially accepted so that a determination of tax liabilities of the contractor may be made.

The contract shall provide that a percentage of the project cost shall be retained by the district as required by law to ensure that the project shall remain free and clear of any materialmen, subcontractor, or tax liens. The district prefers that five percent of all moneys earned by the contractor be reserved by the district and will request that the state board of education acting through the superintendent of public instruction act as agent of the school district for managing the cash retainage. The district will accept a bond submitted by the contractor for any portion of the retainage in a form acceptable to the district, and the superintendent of public instruction if state funds are part of the project, from a bonding company registered with the Washington state insurance commissioner and on the currently authorized insurance list published by the Washington state insurance commissioner, unless the district can demonstrate good cause for refusing to accept the bond.

Legal Reference:

• RCW 60.28 Lien for Labor, Materials, Taxes onPublic Works
• WAC 180-27-080 Value engineering studies, constructability reviews, and building commissioning – Requirements and definition
• WAC 180-29-067 Building commissioning contracts
• WAC 180-29-075 Contracts – Filing
• WAC 180-29-147 Retained Percentage Law Related Requirements

Adoption Date: November 22, 1993

Revised: October 22, 2003

Policy 9245- Acceptance of Completed Project

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Closure of Facilities

The facilities master plan shall include plans for the closure and subsequent disposition of facilities. The decision to close a facility shall be made only upon a showing that such action is economically advantageous to the district when judged against the historical or educational value of the facility and convenience to the patrons in its neighborhood.

Before the board decides to close any facility, it shall have prepared a report considering the following:

1. Projected or actual enrollment declines and the likelihood that they shall remain permanent,

2. The effect that the disposition or retirement shall have on other facilities and on the district’s educational program offering,

3. Student and staff displacement, including transportation costs to new facilities and staff reassignment,

4. Potential environmental impact including, when necessary, compliance with the State Environmental Protection Act (SEPA),

5. Potential for renovation,

6. Financial considerations in terms of such factors as cost savings, the cost of operating and maintenance, the potential revenue from sale or lease of property, the cost of closure and transferring operations elsewhere,

7. Safety, health, and fire regulations, and

8. Whether or not the facility may effectively be used for other purposes.

The board shall seek comment from any interested person or organization regarding a potential closure or other disposition of a facility at a meeting scheduled for that purpose. Such comment is for advisory purposes only. The final determination of whether a facility shall remain open and what alternatives the district shall take shall be made by the board.

Legal References:

• RCW 28A.320.010 Corporate powers
• RCW 43.21C State Environmental Policy Act

Adoption Date: November 22, 1993

Policy 9270- Closure ofFacilities

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Sale of Real Property

The board has exclusive control of the acquisition and disposal of all district property. This power shall be exercised only when the board determines, by resolution, that such property is or is not necessary for school purposes.

Once the board has considered all the factors relating to a proposed sale of real property, it shall comply with all requirements of the law, including:

1. A market value appraisal by a professionally designated real estate appraiser, selected by the board shall be secured.

2. No sale of real property is to take place if the sale price would be less than 90 percent of the appraisal made by the appraiser, unless the property has been on the market for one year, in which case it may be reappraised and sold for not less than 75 percent of the reappraisal value if the sale is approved by the unanimous consent of the board.

3. If the appraised value exceeds $70,000 notice that such a sale is being considered is to be published in a newspaper of general circulation within the district for at least two consecutive weeks. The notice shall specify the date, time and place of a public hearing scheduled to consider the property specified for sale. Evidence concerning the proposed sale along with the advisability of selling the parcel is to be taken into account by the board at such a hearing.

4. Bids may be secured or a licensed real estate broker may be engaged. If the latter, the commission shall not exceed seven percent. Any appraiser selected by the board to appraise the market value of a parcel of property may not be a party to any contract with the district to sell the parcel for a period of three years after the appraisal. No bid award shall be made within a 45 day period following publication of notice of the intended sale in a newspaper of general circulation in the district.

Receipts from the sale of real property shall be placed into the debt service fund or in the capital projects fund.

Legal References:

• RCW 28A.335.090 Conveyance and acquisition of property–– Management
• 28A.335.120 Real property— Sale––Notice of and hearing on sale, when––Appraisal required––Broker services––Real estate sales contracts, limitations
• 39.33.010 Sale, exchange, transfer, lease of public property authorized––Section deemed alternative
• WAC 180-34-010 General conditions

Adoption Date: November 22, 1993

Revised: October 25, 1995

Policy 9271- Sale of Real Property

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Contingencies, Bonds and Incentives on Public Works Projects

The district’s ability to manage and operate effectively, efficiently, and safely depends in part on its ability to secure competitive bids on its public works projects. Obtaining competitive bids can be especially challenging during times that the contracting community is unusually busy and/or prices for materials are volatile.

To promote the education of its students and the effective, efficient, or safe management and operation of the district, the Board hereby authorizes the Superintendent to provide for contingencies, subcontractor bonding requirements, and/or incentives in the contract documents for the district’s public works projects when the Superintendent determines that inclusion of such provisions may promote competitive bidding on such projects. Any incentives must have the potential of providing value to the district and be earned by contractors through achievement of district-specified tasks and/or benchmarks during performance of their contracts with the district.

Legal References:

• RCW 28A.320.015 School Board of Directors – Powers – Notice of Adoption
• Policy RCW 28A.335.190 Advertising for Bids – Competitive Bid Procedures

Adopted: September 13, 2006

Policy 9272- Contingencies, Bonds and INcentives on Public Works Projects

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State Environmental Protection Act

Snohomish School District No. 201, Snohomish County, recognizes its obligation to give appropriate consideration to environmental values in any decision-making or action it proposes to take, and whereas, the State Environmental Protection Act (SEPA), specifically Chapter 43.21C, and the guidelines adopted by the Department of Ecology, effective April 4, 1984, require all local agencies of government, including school districts, to adopt their own set of policies and rules governing the implementation of said Act consistent with the guidelines, the Board of Directors of Snohomish School District No. 201, Snohomish County, herewith adopts the attached revised procedures to govern the implementation of SEPA and SEPA guidelines.

Adoption Date: November 22, 1993

Revised: February 2, 2005

Policy 9280- State Environmental Protection Act

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State Environmental Protection Act

1.0 Authority

1.1 The District adopts these procedures under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA Rules, WAC 197-11-904. The SEPA Rules, Chapter 197-11 WAC, must be used in conjunction with these procedures.

2.0 General Requirements

2.1 Purpose and Adoption By Reference

2.11 This section contains the basic requirements that apply to the SEPA process. The District adopts the following sections of Chapter 197-11 of the Washington Administrative Code by reference:

WAC 197-11-040: Definitions (IncorporatingWAC 197-157-11-700 through 197-11-799).
-050: Lead Agency.
-055: Timing of the SEPA Process.
-060: Content of Environmental Review.
-070: Limitations of Actions During SEPA Process.
-080: Incomplete or Unavailable Information.
-090: Supporting Documents.

2.2 Additional Definitions

2.21 In addition to the definitions referenced above, when used in these procedures, the following terms shall have the following meanings, unless the context indicates otherwise:

2.21 District. “District” means the Snohomish School District No. 201, Snohomish County, Washington.

2.22 SEPA Rules. “SEPA Rules” means chapter 197-11 WAC adopted by the Department of Ecology.

2.23 DOE. “DOE” means the Department of Ecology.”

2.24 Board. “Board” means the Board of Directors of the District.

2.3 Designation of Responsible Official

2.31 If the District is the lead-agency for a proposal, the responsible official shall be the District’s superintendent or his/her designee. 

2.32 If the District is the lead agency for a proposal, the responsible official shall make the threshold determination, supervise scope and preparation of any required environmental impact statement (EIS), and perform any functions assigned to the “lead agency” or “responsible official” by those sections of the SEPA Rules that were adopted by reference in section 2.1 of these Procedures.

2.33 The District shall retain all documents required by the SEPA Rules and make them available in accordance with Chapter 42.17 RCW.

3.0 Categorical Exemptions and Threshold Determinations

3.1 Purpose and Adoption by Reference

3.11 This section contains the rules for deciding whether a proposal has a “probable significant, adverse environmental impact” requiring an environmental impact statement (EIS). This section also contains rules for evaluating the impacts of proposals not requiring an EIS. The District adopts the following sections by reference:

WAC 197-11-300: Purpose of This Part.
-305: Categorical Exemptions.
-310: Threshold Determination Required.
-315: Environmental Checklist.
-330: Threshold Determination Process.
-335: Additional Information.
-340: Determination of Non-Significance (DNS).
-350: Mitigated DNS.
-360: Determination of Significance (DS)/Initiation of Scope.
-390: Effect of threshold Determination.

4.0 Environmental Impact Statement (EIS)

4.1 Purpose and Adoption by Reference

4.11 This section contains the rules for preparing environmental impact statements. The District adopts the following sections by reference:

WAC 197-11-400: Purpose of EIS.
-402: General Requirements.
-405: EIS Types.
-406: EIS Timing.
-408: Scope.
-410: Expanded Scope.
-420: EIS Preparation.
-425: Style and Size.
-430: Format.
-435: Cover Letter or Memo.
-440: EIS Contents.
-442: Contents of EIS on Non-Project Proposals. 
-443: EIS Contents When Prior Non-Project EIS.
-444: Elements of the Environment.
-448: Relationship of EIS to Other Considerations.
-450: Cost-Benefit Analysis.
-455: Issuance of DEIS.
-460: Issuance of FEIS.

4.2 Preparation of EIS—Additional Considerations

4.21 Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EISs (SEIS) is the responsibility of the superintendent, his designee, or a consultant selected by the District. The District will not issue an EIS until the responsible official is satisfied that it complies with these procedures and Chapter 197-11 WAC.

5.0 Commenting

5.1 Purpose and Adoption by Reference

5.11 This section contains rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings. The District adopts the following sections by reference:

WAC 197-11-500: Purpose of this Part.
-502: Inviting Comment.
-504: Availability and Cost of Environmental Documents.
-508: SEPA Register.
-535: Public Hearings and Meetings.
-545: Effect of No Comment.
-550: Specificity of Comments.
-560: FEIS Response to Comments.
-570: Consultant Agency Costs to Assist Lead Agency.

5.2 Public Notice

5.22 A determination of appropriate public notice may vary depending upon whether the notic e concerns an EIS, a DS or DNS and the responsible official shall designate one or more of the following methods of publication as appropriate in the particular case:

5.221 Posting the property for site-specific proposals;

5.222 Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located;

5.223 Notifying public or private groups which have expressed interest in a certain proposal and the type of proposal being considered;

5.224 Notifying the news media; 

5.225 Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and/or

5.226 Publishing notice in agency newsletters and/or sending letters to agency mailing lists.

5.3 Designation of Official to Perform Consulted Agency Responsibilities for the District. The superintendent or his/her designee shall be responsible for preparation of written comments for the District in response to a consultation request prior to a threshold determination, participation in scope, or reviewing a DEIS.

6.0 Using Environmental Documents

6.1 Purpose and Adoption by Reference

6.11 This section contains rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the District’s own environmental compliance. The District adopts the following sections by reference:

WAC 197-11-600: When to Use Existing Environmental Documents.
-610: Use of NEPA Documents.
-620: Supplemental Environmental Impact Statement, Procedures.
-625: Addenda—Procedures.
-630: Adoption—Procedures.
-635: Incorporation by Reference—Procedures.
-640: Combining Documents.

7.0 SEPA and Agency Decisions

7.1 Purpose and Adoption by Reference

7.11 This section contains rules (and policies) for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This section also contains procedures for appealing SEPA determinations to the courts. The District adopts the following sections by reference:

WAC 197-11-650: Purpose Of This Part.
-655: Implementation.
-660: Substantive Authority in Mitigation,
-680 Appeals.

7.2 Notice of Action

7.21 The District may publish notice of action taken by the District under these procedures pursuant to RCW 43.21C.080. The form of any such notice shall be substantially in the form provided in WAC 197-11-990. 7.3 Appeals

7.31 Administrative Appeals.

7.311 Appeal to the Board. Agency appeals are provided for SEPA procedural determinations, except that an agency appeal is not provided for a determination of significance. SEPA determinations shall be appealed to the Board by mailing or delivering a letter to the Superintendent. The letter must include the information in paragraph

7.313 below.

7.312 Deadline for Appeal. The letter of appeal shall be delivered or mailed to the Superintendent within fourteen (14) days of the date the challenged environmental document or determination is issued.

7.313 Form of Appeal. For an appeal to be accepted, the letter must specify: (a) the determination being appealed; (b) the errors complained of; (c) the corrective action being sought; (d) the reasons why the determination should be changed; and (e) whether further oral or written comment or a hearing is requested. Supporting documents may be submitted with the letter of appeal.

7.314 Hearing Examiner. The Board may appoint the Superintendent or a hearing examiner to act as the presiding officer. The presiding officer shall review the appeal and, if requested by the appellant, hold a hearing on the appeal. The presiding officer shall prepare written findings and submit a written recommendation on the appeal to the Board. The presiding officer for an appeal may set deadlines for the submission of any additional information or comments.

7.315 Time to Decision. The board shall have thirty (30) days after receiving the presiding officer’s recommendation to make a written decision based upon the record established before the presiding officer.

7.316 Hearing. A hearing shall be provided if requested by the appellant. The hearing shall provide reasonable opportunity for the parties to present oral or written testimony and argument, consistent with these rules. The presiding officer may establish procedures for the hearing, and may set the time period allowed for each party to the appeal, including the staff, to present its case. A hearing may not be scheduled for at least five (5) days from the District’s receipt of an appeal unless the parties agree otherwise.

7.317 Final Action. The District shall not take final action on a proposal while a proper appeal to the Board on a procedural determination is pending.

7.318 Other Requisites. WAC 197-11-680(3) is adopted by reference with respect to other requirements of agency appeal proceedings.

7.32 Judicial Review

7.321 Parties must exhaust administrative appeals before seeking judic ial review of SEPA compliance. RCW 43.21C.075 and WAC 197-11-680.

7.33 Notice of Appeals 

7.331 The notice requirements for environmental documents shall serve as adequate notice for agency appeals.

8.0 Definitions

8.1 Purpose and Adoption by Reference

8.11 This section contains uniform usage and definitions of terms under SEPA. The District’s adopts the following sections by reference:

WAC 197-11-700: Definitions.
-702: Act. -704: Action.
-706: Addendum.
-708: Adoption.
-710: Affected Tribe.
-712: Affecting.
-714: Agency.
-716: Applicant.
-718: Built Environment.
-720: Categorical Exemption.
-722: Consolidated Appeal.
-724: Consultant Agency.
-726: Cost-Benefit Analysis.
-728: County/City.
-730: Decision-Maker.
-732: Department.
-734: Determination of Non-Significance (DNS).
-736: Determination of Significance (DS).
-738: EIS.
-740: Environment.
-742: Environmental Checklist.
-744: Environmental Document.
-746: Environmental Review.
-748: Environmentally Sensitive Area.
-750: Expanded Scope.
-752: Impacts.
-754: Incorporation by Reference.
-756: Lands Covered by Water
-758: Lead Agency.
-760: License.
-762: Local Agency.
-764: Major Action.
-766: Mitigated DNS.
-768: Mitigation.
-770: Natural Environment.
-772: NEPA.
-774: Non-Project.
-776: Phased Review.
-778: Preparation.
-780: Private Project.
-782: Probable.
-784: Proposal.
-786: Reasonable Alternative.
-788: Responsible Official.
-790: SEPA.
-792: Scope.
-793: Scoping.
-794: Significant.
-796: State Agency.
-797: Threshold Determination.
-799: Underlying Governmental Action.

9.0 Categorical Exemptions

9.1 Adoption By Reference

The District adopts by reference the following rules for categorical exemptions:

WAC 197-11-800: Categorical Exemptions (including school closures).
-880: Emergencies.
-890: Petitioning DOE to Change Exemptions

10.0 Agency Compliance

10.1 Purpose and Adoption by Reference

This section contains rules for agency compliance with SEPA, including rules for selecting the lead agency in applying these rules to current agency in applying these rules to current agency activities. The District adopts the following sections by reference:

WAC 197-11-900: Purpose of this part
-902: Agency SEPA Policy
-916: Application to Ongoing Actions
-920: Agencies with Environmental Expertise.
-922: Lead Agency Rules.
-924: Determining the Lead Agency.
-926: Lead Agency for Governmental Proposals.
-928: Lead Agency for Public and Private Proposals.
-930: Lead Agency for Private Projects with one Agency with Jurisdiction.
-932: Lead Agency from Private Projects Requiring Licenses from a Local Agency, Not a County/City, in One or More State Agencies.
-938: Lead Agencies fore Specific Proposals.
-942: Agreements on Lead Agency Status.
-944: Agreements on Division of Lead Agency Duties. 
-946: DOE Resolution of Lead Agency disputes.
-948: Assumption of Lead Agency Status.

10.2 Effective Date

10.21 The effective date of these procedures is October 1, 1984

10.3 Lead Agency Determination and responsibilities

10.31 The District, upon receiving or initiating a proposal any portion of which involves a major action, shall determine the lead agency for that proposal pursuant to the criteria set forth in section WAC 197-11-922 through -948. This determination shall be made for each proposal involving a major action, unless the lead agency has been previously determined, or the District is aware that another agency is in the process of determining the lead agency.

10.32 In those instances in which the District is the lead agency, the responsible official of the District shall supervise compliance with the threshold determination, and if an EIS is necessary, shall supervise preparation of the draft and final EIS.

10.33 In the event that the District receives a lead agency determination made by another agency which appears inconsistent with the criteria with the criteria of WAC 197-11-922 through -944 it may object to the determination. Any such objection must be made to the agency originally making the determination and resolved within fifteen (15) days of the receipt of the determination, or the District must petition DOE for a lead agency determination pursuant to WAC 197-11-946 within the fifteen (15) day time period. Any such petition on behalf of the District shall be initiated by the responsible official or his/her designee.

11.0 Forms

11.1 Adoption by Reference

11.11 The District adopts and attaches hereto the following forms and sections by reference:

WAC 197-11-960: Environmental Checklist.
-965: Adoption Notice.
-970: Determination of Non-Significance (DNS).
-980: Determination of Significance and Scoping Notice (DNS).
-985: Notice of Assumption of Lead Agency Status.
-990: Notice of Action.

Legal References:

• RCW 43.21C State Environmental Policy
• WAC 197-11 State Environmental Policy Act Rules

Revised: November 22, 1993, February 2, 2005

Procedure 9280P- Environmental Policy Act Compliance Procedures-

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Form 9280F- State Environmental Policy Act Compliance

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Care of School Property

Staff shall ensure that buildings, equipment and furniture are not abused. Students or non-students who abuse school property may be disciplined and required to pay for the damage incurred.

The superintendent shall establish procedures for the investigation and reporting of damage or loss and shall initiate action to collect for damages.

Legal Reference:

• RCW 28A.635.060 Defacing or injuring school property— Liability of parent or guardian— Voluntary work program as alternative— Rights protected

Adoption Date: November 22, 1993

Policy 9321- Care of School Property

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Care of School Property

The following steps shall be taken upon evidence that school property has been damaged or lost, whether or not the action was willful:

1. Damage of any nature to school property shall be reported to the school principal.

2. A Damage or Loss Report shall be submitted to the superintendent. In the event of a breakin, whether damage was noted or not, the superintendent shall report the occurrence to a law enforcement agency. Care shall be taken to avoid damaging prints or any other evidence that may be associated with the break-in.

3. An investigation to establish the individuals responsible for acts of vandalism or theft shall be initiated.

4. Repair or replacement costs for damage shall be estimated by the maintenance department on a work request form.

5. Parents shall be notified of the estimated damages by the principal.

6. The business office upon receipt of the damage or loss report shall bill the student’s parent for the repair or replacement costs.

Revised: November 22, 1993

Procedure 9321P- Care of School Proerty

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