WSR 12-16-075




[ Filed July 31, 2012, 11:37 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-12-037.

Title of Rule and Other Identifying Information: WAC 392-343-019 Definition instructional space.

Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Old Capitol Building, Wanamaker, P.O. Box 47200, Olympia, WA 98504-7200, on September 4, 2012, at 10:00 a.m.

Date of Intended Adoption: September 4, 2012.

Submit Written Comments to: Scott Black, OSPI, Old Capitol Building, P.O. Box 47200, 600 Washington Street S.E., Olympia, WA 98504-7200, e-mail, fax (360) 586-3946, by September 3, 2012.

Assistance for Persons with Disabilities: Contact Wanda Griffin by September 1, 2012, TTY (360) 664-3631 or (360) 725-6132.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: 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.

Statutory Authority for Adoption: RCW 28A.150.290.

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

Name of Proponent: [OSPI], governmental.

Name of Agency Personnel Responsible for Drafting: Scott Black, P.O. Box 47200, Olympia, WA 98504-7200, (360) 725-6268; Implementation: Brenda Hetland, P.O. Box 47200, Olympia, WA 98504-7200, (360) 725-6263; and Enforcement: Gordon Beck, P.O. Box 47200, Olympia, WA 98504-7200, (360) 725-6268.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required pursuant to RCW 19.85.030 (1)(a). The proposed rule making does not impose any costs on school districts.

A cost-benefit analysis is not required under RCW 34.05.328.

July 31, 2012

Randy Dorn

State Superintendent


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.]

Washington State Code Reviser's Office