Effective Date of Rule: Thirty-one days after filing.

     Purpose: WAC 392-343-019 Definition -- Instructional space, amendment will implement legislative intent to exclude colocated spaces on a "host" district inventory where more than one district jointly administers facilities such as skills centers or a new Delta STEM facility.

     Citation of Existing Rules Affected by this Order: Amending WAC 392-343-019.

     Statutory Authority for Adoption: RCW 28A.150.290.

      Adopted under notice filed as WSR 12-16-075 on July 31, 2012.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: September 4, 2012.

Randy Dorn

Superintendent of

Public Instruction

OTS-4923.1

AMENDATORY SECTION(Amending WSR 06-16-032, filed 7/25/06, effective 8/25/06)

WAC 392-343-019   Definition -- Instructional space.   As used in this chapter, the term "instructional space" means the gross amount of square footage calculated in accordance with the American Institute of Architects, Document D101, The Architectural Area and Volume of Buildings, latest edition, for a school facility utilized by a school district for the purpose of instructing students: Provided, That the following areas shall not be included in any calculation of instructional space:

     (1) Exterior covered walkways, cantilevered or supported.

     (2) Exterior porches including loading platforms.

     (3) Areas located above instructional spaces which are either vacant or primarily housing mechanical and/or electrical equipment.

     (4) Space used by central administrative personnel.

     (5) Stadia and grandstands.

     (6) Bus garages.

     (7) Free-standing warehouse space specifically designed for that purpose.

     (8) Portable facilities.

     (9) Other square footage not otherwise available or related to direct instruction or instructional support of the education program in the district.

     (10) The portion(s) of any space(s) constructed from grants made as a gift to a school district by a private entity or a public entity which:

     (a) Is dedicated by the written terms of the grant to joint use by the school district for educational purposes and by the general public for community activities for the useful life of the space(s); and

     (b) The school district board of directors has accepted the gift in accordance with the joint use terms of the grant: Provided, That this exception does not apply to space(s) jointly financed by two or more school districts.

     (11) Facilities that are shared or collocated between multiple school districts pursuant to a written, lawful agreement, and that are jointly used by and/or benefit those school districts.

[Statutory Authority: RCW 28A.525.020. 06-16-032, recodified as § 392-343-019, filed 7/25/06, effective 8/25/06; 98-19-143, § 180-27-019, filed 9/23/98, effective 10/24/98; 95-20-090, § 180-27-019, filed 10/4/95, effective 11/4/95. Statutory Authority: RCW 28A.525.020 and 28A.525.055. 95-08-032, § 180-27-019, filed 3/29/95, effective 4/29/95. Statutory Authority: RCW 28A.47.830, 28A.47.060 and 28A.47.802. 90-01-076, § 180-27-019, filed 12/19/89, effective 12/19/89.]