AN ACT Relating to governance of the common school system; amending RCW 28A.02.110, 28A.03.030, 28A.04.010, 28A.04.030, 28A.04.040, 28A.04.080, 28A.04.090, 28A.04.100, 28A.04.120, 28A.13.020, 28A.21.010, 28A.21.020, 28A.21.071, 28A.21.086, 28A.21.088, 28A.21.090, 28A.21.105, 28A.21.106, 28A.21.110, 28A.21.111, 28A.21.113, 28A.21.120, 28A.21.130, 28A.21.136, 28A.21.160, 28A.21.195, 28A.21.220, 28A.21.255, 28A.21.300, 28A.21.310, 28A.21.900, 28A.27.102, 28A.56.040, 28A.56.050, 28A.56.060, 28A.57.030, 28A.57.031, 28A.57.032, 28A.57.033, 28A.57.034, 28A.57.070, 28A.57.075, 28A.57.090, 28A.57.150, 28A.57.180, 28A.57.240, 28A.57.326, 28A.57.328, 28A.57.355, 28A.57.356, 28A.57.357, 28A.57.358, 28A.57.415, 28A.58.090, 28A.58.107, 28A.58.225, 28A.58.410, 28A.58.430, 28A.58.530, 28A.58.560, 28A.58.620, 28A.58.630, 28A.65.420, 28A.65.435, 28A.65.480, 28A.71.100, 28A.71.210, 28A.71.220, 28B.40.380, 28B.50.551, 39.33.070, 41.04.445, 48.62.030, 48.62.035, 48.62.040, 48.62.080, 51.14.150, 72.40.070, 72.41.020, and 72.42.020; reenacting and amending RCW 28A.58.099 and 28A.70.110; adding a new section to chapter 28A.24 RCW; creating new sections; and repealing RCW 28A.03.028, 28A.04.020, 28A.04.050, 28A.04.060, 28A.04.065, 28A.04.070, 28A.04.131, 28A.04.145, 28A.21.030, 28A.21.0303, 28A.21.0304, 28A.21.0305, 28A.21.0306, 28A.21.031, 28A.21.032, 28A.21.033, 28A.21.034, 28A.21.035, 28A.21.037, 28A.21.050, 28A.21.060, 28A.21.092, 28A.21.095, 28A.21.100, 28A.21.140, 28A.21.170, 28A.21.200, 28A.21.210, 28A.21.350, 28A.21.355, 28A.21.360, 28A.26.010, and 28A.48.030.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 1, chapter 303, Laws of 1977 ex. sess. as amended by section 1, chapter 306, Laws of 1981 and RCW 28A.02.110 are each amended to read as follows:

Notwithstanding any other provision of law, school districts, educational service district((s)) offices, or any other state or local governmental agency concerned with education, when declaring texts and other books, equipment, materials or relocatable facilities as surplus, shall, prior to other disposal thereof, serve notice in writing to the office of the state superintendent of public instruction and to any public school district or private school in Washington state annually requesting such a notice, that the same is available for sale, rent, or lease to public school districts or private schools, at depreciated cost or fair market value, whichever is greater: PROVIDED,That students wishing to purchase texts pursuant to RCW 28A.58.103(2) shall have priority as to such texts. Such districts or agencies shall not otherwise sell, rent or lease such surplus property to any person, firm, organization, or nongovernmental agency for at least forty-five days following the date notification is mailed to the state superintendent of public instruction.

Sec. 2. Section 28A.03.030, chapter 223, Laws of 1969 ex. sess. as last amended by section 2, chapter 160, Laws of 1982 and RCW 28A.03.030 are each amended to read as follows:

In addition to any other powers and duties as provided by law, the powers and duties of the superintendent of public instruction shall be:

(1) To have supervision over all matters pertaining to the public schools of the state.

(2) To report to the governor and the legislature such information and data as may be required for the management and improvement of the schools.

(3) To prepare and have printed such forms, registers, courses of study, rules and regulations for the government of the common schools, questions prepared for the examination of persons as provided for in RCW 28A.04.120(7), and such other material and books as may be necessary for the discharge of the duties of teachers and officials charged with the administration of the laws relating to the common schools, and to distribute the same to educational service district superintendents.

(4) To travel, without neglecting his other official duties as superintendent of public instruction, for the purpose of attending educational meetings or conventions, of visiting schools, of consulting educational service district superintendents or other school officials.

(5) To prepare and from time to time to revise a manual of the Washington state common school code, copies of which shall be provided in such numbers as determined by the superintendent of public instruction at no cost to those public agencies within the common school system and which shall be sold at approximate actual cost of publication and distribution per volume to all other public and nonpublic agencies or individuals, said manual to contain Titles 28A and 28C RCW, rules and regulations related to the common schools, and such other matter as the state superintendent or the state board of education shall determine. Proceeds of the sale of such code shall be transmitted to the public printer who shall credit the state superintendent's account within the state printing plant revolving fund by a like amount.

(6) To act as ex officio member and the chief executive officer of the state board of education.

(7) To hold, annually, a convention of the educational service district superintendents of the state at such time and place as he may deem convenient, for the discussion of questions pertaining to supervision and the administration of the school laws and such other subjects affecting the welfare and interests of the common schools as may be brought before it. Said convention shall continue in session at the option of the superintendent of public instruction. It shall be the duty of every educational service district superintendent in this state to attend said convention during its entire session((~~, and any educational service district superintendent who attends the convention shall be reimbursed for traveling and subsistence expenses as provided in RCW 28A.21.130 in attending said convention~~)).

(8) To file all papers, reports and public documents transmitted to him by the school officials of the several counties or districts of the state, each year separately. Copies of all papers filed in his office, and his official acts, may, or upon request, shall be certified by him and attested by his official seal, and when so certified shall be evidence of the papers or acts so certified to.

(9) To require annually, on or before the 15th day of August, of the president, manager, or principal of every educational institution in this state, a report of such facts arranged in such manner as he may prescribe, and he shall furnish forms for such reports; and it is hereby made the duty of every president, manager or principal, to complete and return such forms within such time as the superintendent of public instruction shall direct.

(10) To keep in his office a record of all teachers receiving certificates to teach in the common schools of this state.

(11) To issue certificates as provided by law.

(12) To keep in his office at the capital of the state, all books and papers pertaining to the business of his office, and to keep and preserve in his office a complete record of statistics, as well as a record of the meetings of the state board of education.

(13) With the assistance of the office of the attorney general, to decide all points of law which may be submitted to him in writing by any educational service district superintendent, or that may be submitted to him by any other person, upon appeal from the decision of any educational service district superintendent; and he shall publish his rulings and decisions from time to time for the information of school officials and teachers; and his decision shall be final unless set aside by a court of competent jurisdiction.

(14) To administer oaths and affirmations in the discharge of his official duties.

(15) To deliver to his successor, at the expiration of his term of office, all records, books, maps, documents and papers of whatever kind belonging to his office or which may have been received by him for the use of his office.

(16) To perform such other duties as may be required by law.

Sec. 3. Section 28A.04.010, chapter 223, Laws of 1969 ex. sess. as amended by section 1, chapter 179, Laws of 1980 and RCW 28A.04.010 are each amended to read as follows:

The state board of education shall be ((~~comprised~~)) composed of ((~~two~~)) one member((s)) from each congressional district of the state((~~, not including any congressional district at large, elected by the members of the boards of directors of school districts thereof, as hereinafter in this chapter provided,~~)) and one nonvoting member ((~~elected at large, as hereinafter in this chapter provided, by the members of the boards of directors of~~)) to represent all private schools in the state meeting the requirements of RCW 28A.02.201, as now or hereafter amended. The members shall be appointed by the governor upon consultation with the superintendent of public instruction and with the advice and consent of the senate of the state of Washington.

Sec. 4. Section 28A.04.030, chapter 223, Laws of 1969 ex. sess. as amended by section 1, chapter 7, Laws of 1982 1st ex. sess. and RCW 28A.04.030 are each amended to read as follows:

(1) The terms of the initial appointed members shall be as follows: Three members of the state board of education shall be appointed for terms of three years commencing with the second Monday in January of 1987, three members shall be appointed for terms of four years commencing with the second Monday in January of 1988, and three members shall be appointed for terms of five years commencing with the second Monday in January of 1989. Thereafter, all members shall serve for terms of six years.

(2) The term of office of each member of the state board of education shall begin on the second Monday in January next following the time at which he or she was appointed, and he or she shall hold office for the term for which he or she was appointed and until his or her successor is appointed. Except as otherwise provided in this section, each member of the state board of education shall be appointed for a term of six years.

(3) The terms of the members of the state board of education as of the effective date of this 1986 act shall expire as soon as their successors are appointed by the governor and pursuant to the provisions of this subsection as follows:

(a) The terms of the members from the third and sixth congressional districts and the term of the member representing all private schools in the state meeting the requirements of RCW 28A.02.201 shall end on the second Monday in January of 1987;

(b) The terms of the members from the first, fourth, and seventh congressional districts shall end on the second Monday in January of 1988; and

(c) The terms of the members from the second, fifth, and eighth congressional districts shall end on the second Monday in January of 1989.

(4) Whenever any new and additional congressional district is created, ((except a congressional district at large, the superintendent of public instruction shall call an election in such district at the time of making the call provided for in RCW 28A.04.020. Such election shall be conducted as other elections provided for in this chapter. At the first such election two members of the state board of education shall be elected, one for a term of three years and one for a term of six years. At the expiration of the term of each, a member shall be elected for a term of six years)) the governor shall appoint an individual to represent the district on the state board of education.

((~~(2)~~)) (5) The terms of office of members of the state board of education who are ((~~elected~~)) appointed from the various congressional districts shall not be affected by the creation of either new or new and additional districts. In such an event, each board member may continue to serve in office for the balance of the term for which he or she was ((~~elected or~~)) appointed: PROVIDED, That the board member continues to reside within the boundaries of the congressional district as they existed at the time of his or her ((~~election or~~)) appointment. Vacancies which occur in a board member position during the balance of any such term shall be filled pursuant to RCW 28A.04.080, as now or hereafter amended, by a successor who resides within the boundaries of the congressional district from which the member whose office was vacated was ((~~elected~~)) appointed as they existed at the time of his or her ((~~election. At the election~~)) appointment. Immediately preceding the expiration of the term of office of each board member provided for in this subsection following the creation of either new or new and additional congressional districts, and thereafter, a successor shall be ((~~elected~~)) appointed from the congressional district which corresponds in number with the congressional district from which the incumbent was appointed ((~~or elected~~)).

Sec. 5. Section 28A.04.040, chapter 223, Laws of 1969 ex. sess. as last amended by section 2, chapter 7, Laws of 1982 1st ex. sess. and RCW 28A.04.040 are each amended to read as follows:

(1) ((Candidates for membership on the state board of education shall file declarations of candidacy with the superintendent of public instruction on forms prepared by the superintendent. Declarations of candidacy may be filed by person or by mail not earlier than the first day of September, or later than the sixteenth day of September. The superintendent of public instruction may not accept any declaration of candidacy that is not on file in his office or is not postmarked before the seventeenth day of September, or if not postmarked or the postmark is not legible, if received by mail after the twenty-first day of September.)) No person employed in any school, college, university, or other educational institution or any educational service district ((~~superintendent's~~)) office or in the office of superintendent of public instruction shall be eligible for membership on the state board of education and each member ((~~elected who is not representative of the private schools in this state and thus not running-at-large~~)) appointed must be a resident of the congressional district from which he or she was ((~~elected~~)) appointed, except the person appointed to represent approved private schools. No member of a board of directors of a local school district or private school shall continue to serve in that capacity after having been ((~~elected~~)) appointed to the state board.

(2) The prohibitions against membership upon the board of directors of a school district or school and against employment, as well as the residence requirement, established by this section, are conditions to the eligibility of state board members to serve as such which apply throughout the terms for which they have been ((~~elected or~~)) appointed. Any state board member who hereafter fails to meet one or more of the conditions to eligibility shall be deemed to have immediately forfeited his or her membership upon the board for the balance of his or her term: PROVIDED, That such a forfeiture of office shall not affect the validity of board actions taken prior to the date of notification to the board during an open public meeting of the violation.

Sec. 6. Section 28A.04.080, chapter 223, Laws of 1969 ex. sess. and RCW 28A.04.080 are each amended to read as follows:

Whenever there shall be a vacancy upon the state board of education, from any cause whatever, it shall be the duty of the ((~~remaining members of the board~~)) governor to fill such vacancy by appointment, and the person so appointed shall continue in office ((until his successor has been specially elected, as hereinafter in this section provided, and has qualified. Whenever a vacancy occurs, the superintendent of public instruction shall call, in the month of August next following the date of the occurrence of such vacancy, a special election to be held in the same manner as other elections provided for in this chapter, at which election a successor shall be elected to hold office for the unexpired term of the member whose office was vacated)) for the duration of the term of the position vacated at which time he or she is reappointed or a successor is appointed.

Sec. 7. Section 28A.04.090, chapter 223, Laws of 1969 ex. sess. as amended by section 1, chapter 160, Laws of 1982 and RCW 28A.04.090 are each amended to read as follows:

(1) The state board of education shall ((~~annually~~)) elect annually a ((~~president and~~)) vice president. The superintendent of public instruction shall be an ex officio member and the ((~~chief executive officer~~)) president of the board. As such ex officio member the superintendent shall have the right to vote only when there is a question before the board upon which no majority opinion has been reached among the board members present ((~~and voting thereon and the superintendent's vote is essential for action thereon~~)). The superintendent, as ((~~chief executive officer~~)) president of the board, shall furnish all necessary record books ((~~and~~)), forms, and support staff for its use, and shall represent the board in directing the work of school inspection.

(2) All members appointed to the state board of education to represent the congressional districts of the state shall have full voting privileges on all matters that come before the board.

Sec. 8. Section 28A.04.100, chapter 223, Laws of 1969 ex. sess. as amended by section 3, chapter 160, Laws of 1982 and RCW 28A.04.100 are each amended to read as follows:

The state board of education ((~~shall appoint~~)) may employ some person to be ((~~ex officio secretary~~)) executive director of said board ((~~who shall not be entitled to a vote in its proceedings~~)). The ((~~secretary~~)) executive director shall keep a correct record of board proceedings, which shall be kept in the office of the superintendent of public instruction. He or she shall also, upon request, furnish to interested school officials a copy of such proceedings. The board may employ such clerical staff as it may determine to be necessary.

Sec. 9. Section 28A.04.120, chapter 223, Laws of 1969 ex. sess. as last amended by section 2, chapter 40, Laws of 1984 and RCW 28A.04.120 are each amended to read as follows:

In addition to any other powers and duties as provided by law, the state board of education shall:

(1) Approve the program of courses leading to teacher, school administrator, and school specialized personnel certification offered by all institutions of higher education within the state which may be accredited and whose graduates may become entitled to receive such certification.

(2) Investigate the character of the work required to be performed as a condition of entrance to and graduation from any institution of higher education in this state relative to such certification as provided for in subsection (1) above, and prepare a list of accredited institutions of higher education of this and other states whose graduates may be awarded such certificates.

(3) Supervise the issuance of such certificates as provided for in subsection (1) above and specify the types and kinds of certificates necessary for the several departments of the common schools by rule or regulation in accordance with RCW 28A.70.005.

(4) Accredit, subject to such accreditation standards and procedures as may be established by the state board of education, all schools that apply for accreditation, and approve, subject to the provisions of RCW 28A.02.201, private schools carrying out a program for any or all of the grades one through twelve: PROVIDED, That no public or private schools shall be placed upon the list of accredited schools so long as secret societies are knowingly allowed to exist among its students by school officials: PROVIDED FURTHER, That the state board may elect to require all or certain classifications of the public schools to conduct and participate in such pre-accreditation examination and evaluation processes as may now or hereafter be established by the board.

(5) Make rules and regulations governing the establishment in any existing nonhigh school district of any secondary program or any new grades in grades nine through twelve. Before any such program or any new grades are established the district must obtain prior approval of the state board.

(6) Prepare such outline of study for the common schools as the board shall deem necessary, and prescribe such rules for the general government of the common schools, as shall seek to secure regularity of attendance, prevent truancy, secure efficiency, and promote the true interest of the common schools.

(7) ((Prepare with the assistance of the superintendent of public instruction a uniform series of questions, with the proper answers thereto for use in the correcting thereof, to be used in the examination of persons, as this code may direct, and prescribe rules and regulations for conducting any such examinations.

~~(8)~~)) Continuously reevaluate courses and adopt and enforce regulations within the common schools so as to meet the educational needs of students and articulate with the institutions of higher education and unify the work of the public school system.

((~~(9)~~)) (8) Carry out board powers and duties relating to the organization and reorganization of school districts under chapter 28A.57 RCW.

((~~(10)~~)) (9) By rule or regulation promulgated upon the advice of the state fire marshal, provide for instruction of pupils in the public and private schools carrying out a K through 12 program, or any part thereof, so that in case of sudden emergency they shall be able to leave their particular school building in the shortest possible time or take such other steps as the particular emergency demands, and without confusion or panic; such rules and regulations shall be published and distributed to certificated personnel throughout the state whose duties shall include a familiarization therewith as well as the means of implementation thereof at their particular school.

((~~(11)~~)) (10) Hear and decide appeals as otherwise provided by law.

Sec. 10. Section 1, chapter 10, Laws of 1972 ex. sess. as amended by section 52, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.13.020 are each amended to read as follows:

The superintendent of public instruction shall appoint an administrative officer of the division. The administrative officer, under the direction of the superintendent of public instruction, shall coordinate and supervise the program of special education for all handicapped children in the school districts of the state. ((~~He shall cooperate with~~)) The superintendent and the educational service district superintendents ((~~and~~)) shall cooperate with local school district superintendents and with all other interested school officials in ensuring that all school districts provide an appropriate educational opportunity for all handicapped children and shall cooperate with the state secretary of social and health services and with county and regional officers on cases where medical examination or other attention is needed.

Sec. 11. Section 1, chapter 176, Laws of 1969 ex. sess. as last amended by section 1, chapter 283, Laws of 1977 ex. sess. and RCW 28A.21.010 are each amended to read as follows:

((~~It shall be the~~)) The legislature finds that educational service districts are a vital connection between local school districts, the superintendent of public instruction, and the state board of education. The legislature finds further that educational service districts provide important and valuable services to school districts state-wide and are characterized by an orientation toward service, by coordinating the delivery of cooperative educational programs and services, and by serving as a communication link between local school districts, the superintendent of public instruction, and the state board of education. The legislature believes that the relationship between the educational service districts, the superintendent of public instruction, and the state board of education can be strengthened and declares its intent ((~~and purpose of this chapter~~)) to establish educational service districts as regional ((~~agencies~~)) offices of the office of the superintendent of public instruction which are intended to:

(1) Provide cooperative and informational services to local school districts;

(2) Assist the superintendent of public instruction and the state board of education in the performance of their respective statutory or constitutional duties; ((~~and~~))

(3) Provide services to school districts to assure equal educational opportunities; and

(4)_ Perform other such services as may be directed by the superintendent of public instruction.

Sec. 12. Section 2, chapter 176, Laws of 1969 ex. sess. as last amended by section 2, chapter 283, Laws of 1977 ex. sess. and RCW 28A.21.020 are each amended to read as follows:

The state board of education upon its own initiative, ((~~or upon petition of any educational service district board,~~)) or upon petition of at least half of the district superintendents within an educational service district, or upon request of the superintendent of public instruction, may make changes in the number and boundaries of the educational service districts((, including an equitable adjustment and transfer of any and all property, assets, and liabilities among the educational service districts whose boundaries and duties and responsibilities are increased and/or decreased by such changes,)) consistent with the purposes of RCW 28A.21.010: PROVIDED, That no reduction in the number of educational service districts will take effect without a majority approval vote by the affected school directors voting in such election by mail ballot. Prior to making any such changes, the state board shall hold at least one public hearing on such proposed action and shall consider any recommendations on such proposed action.

The state board in making any change in boundaries shall give consideration to, but not be limited by, the following factors: Size, population, topography, and climate of the proposed district.

((The superintendent of public instruction shall furnish personnel, material, supplies, and information necessary to enable educational service district boards and superintendents to consider the proposed changes.))

Sec. 13. Section 4, chapter 283, Laws of 1977 ex. sess. as amended by section 7, chapter 341, Laws of 1985 and RCW 28A.21.071 are each amended to read as follows:

(1) ((Every educational service district board shall employ and set the salary of an educational service district superintendent who shall be employed by a written contract for a term to be fixed by the board, but not to exceed three years, and who may be discharged for sufficient cause.

(2) There is hereby established within each educational service district an educational service district superintendent review committee. Such review committee shall be composed of two school district superintendents from within the educational service district selected by the educational service district board and a representative of the state superintendent of public instruction selected by the state superintendent of public instruction.

(3) Prior to the employment by the educational service district board of a new educational service district superintendent, the review committee shall screen all applicants for the position and recommend to the board a list of three candidates. The educational service district board shall select the new superintendent from the list of three candidates or shall reject the entire list and request the review committee to submit three additional candidates, and the educational service district board shall repeat this process until a superintendent is selected.)) The superintendent of public instruction shall appoint assistant superintendents to serve respectively as superintendents for each of the educational service districts. Persons so appointed shall serve at the pleasure of the superintendent of public instruction.

(2) Persons under contract as of the effective date of this 1986 act who are serving as educational service district superintendents shall be allowed to fulfill the term of their contract before the superintendent of public instruction may fill the position by appointment.

(3) The superintendent of public instruction may establish procedures by which the advisory committees created under RCW 28A.21.220 may recommend to the superintendent a list of candidates for the position of educational service district superintendent.

Sec. 14. Section 11, chapter 282, Laws of 1971 ex. sess. as last amended by section 1, chapter 46, Laws of 1982 and RCW 28A.21.086 are each amended to read as follows:

In addition to other powers and duties as provided by law, every educational service district ((~~board~~)) superintendent shall:

(1) ((~~Comply with rules or regulations of the state board of education and the superintendent of public instruction.~~

~~(2)~~)) If ((~~the district board~~)) he or she deems necessary, establish and operate for the schools within the boundaries of the educational service district a depository and distribution center for films, tapes, charts, maps, and other instructional material as recommended by the ((~~school district superintendents~~)) advisory committee established in RCW 28A.21.220 within the service area of the educational service district: PROVIDED, That the district may also provide the services of the depository and distribution center to private schools within the district so long as such private schools pay such fees that reflect actual costs for services and the use of instructional materials as may be established by the educational service district ((~~board~~)) superintendent.

((~~(3)~~)) (2) Establish cooperative service programs for school districts within the educational service district and joint purchasing programs for schools within the educational service district pursuant to RCW 28A.58.107(3), as now or hereafter amended: PROVIDED, That on matters relating to cooperative service programs the ((~~board and~~)) superintendent of the educational service district shall seek the prior advice of the superintendents of local school districts within the educational service district.

(((4) Establish direct student service programs for school districts within the educational service district: PROVIDED, That the board of directors and superintendent of a local school district request the educational service district to perform said service or services: PROVIDED FURTHER, That the educational service district board of directors and superintendents agree to provide the requested services: PROVIDED, FURTHER, That the provisions of chapter 39.34 RCW are strictly adhered to.))

Sec. 15. Section 12, chapter 282, Laws of 1971 ex. sess. as last amended by section 2, chapter 56, Laws of 1983 and RCW 28A.21.088 are each amended to read as follows:

In addition to other powers and duties as provided by law, every educational service district ((~~board~~)) superintendent shall:

(1) If ((~~the district board~~)) he or she deems necessary, hold each year one or more teachers' institutes as provided for in RCW 28A.71.100, as now or hereafter amended, and one or more school directors' meetings.

(2) Cooperate with the state supervisor of special aid for handicapped children as provided in chapter 28A.13 RCW.

(3) Certify statistical data as basis for apportionment purposes to county and state officials as provided in chapter 28A.44 RCW.

(((4) Perform such other duties as may be prescribed by law or rule or regulation of the state board of education and/or the superintendent of public instruction as provided in RCW 28A.03.028 and 28A.04.145.))

Sec. 16. Section 9, chapter 176, Laws of 1969 ex. sess. as last amended by section 3, chapter 56, Laws of 1983 and RCW 28A.21.090 are each amended to read as follows:

In addition to other powers and duties as provided by law, every educational service district ((~~board~~)) superintendent shall:

(1) ((~~Approve the budgets of the educational service district in accordance with the procedures provided for in this chapter.~~

~~(2) Meet regularly according to the schedule adopted at the organization meeting and in special session upon the call of the chairman or a majority of the board.~~

~~(3) Approve the selection of educational service district personnel and clerical staff as provided in RCW 28A.21.100, as now or hereafter amended.~~

~~(4) Fix the amount of and approve the bonds for those educational service district employees designated by the board as being in need of bonding.~~

~~(5)~~)) Keep in the educational service district office a full and correct transcript of the boundaries of each school district within the educational service district.

(((6) Acquire by purchase, lease, devise, bequest, and gift and otherwise contract for real and personal property necessary for the operation of the educational service district and to the execution of the duties of the board and superintendent thereof and sell, lease, or otherwise dispose of that property not necessary for district purposes: PROVIDED, That no real property shall be acquired or alienated without the prior approval of the state board of education.

~~(7) Adopt such bylaws and rules and regulations for its own operation as it deems necessary or appropriate.~~

~~(8)~~)) (2) Enter into contracts, including contracts with common and educational service districts for the joint financing of cooperative service programs conducted pursuant to RCW 28A.21.086((~~(3)~~))(4), and employ consultants and legal counsel relating to any of the duties, functions, and powers of the educational service districts.

Sec. 17. Section 19, chapter 34, Laws of 1969 ex. sess. as last amended by section 7, chapter 283, Laws of 1977 ex. sess. and RCW 28A.21.105 are each amended to read as follows:

No certificated employee of an educational service district shall be employed as such except by written contract, which shall be in conformity with the laws of this state. Every such contract shall be made in duplicate, one copy of which shall be retained by the educational service district superintendent and the other shall be delivered to the employee.

Every educational service district superintendent ((~~or board~~)) determining that there is probable cause or causes that the employment contract of a certificated employee thereof is not to be renewed for the next ensuing term shall ((~~be notified~~)) notify such employee in writing on or before May 15th preceding the commencement of such term of that determination, which notification shall specify the cause or causes for nonrenewal of contract. Such notice shall be served upon that employee personally, or by certified or registered mail, or by leaving a copy of the notice at the house of his or her usual abode with some person of suitable age and discretion then resident therein. The procedure and standards for the review of the decision of the hearing officer((,)) or superintendent ((~~or board~~)) and appeal therefrom shall be as prescribed for nonrenewal cases of teachers in RCW 28A.58.450 through 28A.58.515, 28A.67.070 and 28A.88.010 and in any amendments hereafter made thereto. Appeals may be filed in the superior court of any county in the educational service district.

Sec. 18. Section 20, chapter 34, Laws of 1969 ex. sess. as last amended by section 8, chapter 283, Laws of 1977 ex. sess. and RCW 28A.21.106 are each amended to read as follows:

Every educational service district superintendent ((~~or board~~)) determining that there is probable cause or causes for a certificated employee ((~~or superintendent~~)), hereinafter referred to as employee, of that educational service district to be discharged or otherwise adversely affected in his contract status shall notify such employee in writing of its decision, which notice shall specify the cause or causes for such action. Such notice shall be served upon that employee personally, or by certified or registered mail, or by leaving a copy of the notice at the house of his or her usual abode with some person of suitable age and discretion then resident therein. The procedure and standards for review of the decision of the superintendent ((~~or board~~)) and appeal therefrom shall be as prescribed in discharge cases of teachers in RCW 28A.58.450 through 28A.58.515, 28A.67.070 and 28A.88.010 and in any amendments hereafter made thereto. The ((~~board and the~~)) educational service district superintendent((~~, respectively,~~)) shall have the duties of the boards of directors and superintendents of school districts in RCW 28A.58.450 through 28A.58.515, 28A.67.070 and 28A.88.010 and in any amendments hereafter made thereto. Appeals may be filed in the superior court of any county in the educational service district.

Sec. 19. Section 11, chapter 176, Laws of 1969 ex. sess. as last amended by section 24, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.21.110 are each amended to read as follows:

In addition to other powers and duties as provided by law, each educational service district superintendent shall((:

~~(1) Serve as chief executive officer of the educational service district and secretary of the educational service district board.~~

~~(2)~~)) visit the schools in the educational service district, counsel with directors and staff, and assist in every possible way to advance the educational interest in the educational service district.

Sec. 20. Section 14, chapter 75, Laws of 1974 ex. sess. as amended by section 25, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.21.111 are each amended to read as follows:

In addition to other powers and duties as provided by law, each educational service district superintendent shall:

(1) Perform such record keeping, including such annual reports as may be required, and liaison and informational services to local school districts and the superintendent of public instruction as required by rule or regulation of the superintendent of public instruction ((~~or state board of education~~)): PROVIDED, That the superintendent of public instruction ((~~and the state board of education~~)) may require some or all of the school districts to report information directly when such reporting procedures are deemed desirable or feasible.

(2) Keep records of official acts of the ((~~educational service district board and superintendents in accordance with RCW 28A.21.120, as now or hereafter amended~~)) advisory committee established in RCW 28A.21.220.

(3) Preserve carefully all reports of school officers and teachers and deliver to the successor of the office all records, books, documents, and papers belonging to the office either personally or through a personal representative, taking a receipt for the same, which shall be filed in the office of the county auditor in the county where the office is located.

Sec. 21. Section 16, chapter 75, Laws of 1974 ex. sess. as amended by section 27, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.21.113 are each amended to read as follows:

In addition to other powers and duties as provided by law, each educational service district superintendent shall:

(1) Assist the school districts in preparation of their budgets as provided in chapter 28A.65 RCW.

(2) Enforce the provisions of the compulsory attendance law as provided in chapter 28A.27 RCW.

(3) Perform duties relating to capital fund aid by nonhigh districts as provided in chapter 28A.56 RCW.

(4) Carry out the duties and issue orders creating new school districts and transfers of territory as provided in chapter 28A.57 RCW.

(5) Perform all other duties prescribed by law ((~~and the educational service district board~~)).

Sec. 22. Section 12, chapter 176, Laws of 1969 ex. sess. as last amended by section 8, chapter 341, Laws of 1985 and RCW 28A.21.120 are each amended to read as follows:

The ((~~educational service district board~~)) superintendent of public instruction shall designate the headquarters office of ((~~the~~)) each educational service district office. Educational service districts shall provide for their own office space, heating, contents insurance, electricity, and custodial services, which may be obtained through contracting with any board of county commissioners. Official records of the educational service district ((~~board and~~)) office and superintendent, including each of the county superintendents abolished by chapter 176, Laws of 1969 ex. sess., shall be kept by the educational service district superintendent. Whenever the boundaries of any of the educational service districts are reorganized pursuant to RCW 28A.21.020, the state board of education shall supervise the transferral of such records so that each educational service district superintendent shall receive those records relating to school districts within the appropriate educational service district.

Sec. 23. Section 13, chapter 176, Laws of 1969 ex. sess. as last amended by section 69, chapter 34, Laws of 1975-'76 2nd ex. sess. and RCW 28A.21.130 are each amended to read as follows:

For all actual and necessary travel in the performance of official duties and while in attendance upon meetings and conferences, each educational service district superintendent and employee shall be reimbursed for their travel expenses in the amounts provided in RCW 43.03.050 and 43.03.060 as now existing or hereafter amended. All claims shall be approved by the ((~~educational service district board~~)) superintendent of public instruction and paid from the funds budgeted by the district. Each educational service district superintendent and employee may be advanced sufficient sums to cover their anticipated expenses in accordance with rules and regulations promulgated by the state auditor and which shall substantially conform to the procedures provided in RCW 43.03.150 through 43.03.210.

Sec. 24. Section 9, chapter 283, Laws of 1977 ex. sess. and RCW 28A.21.136 are each amended to read as follows:

It is the intent of the legislature that a basic core of uniform services be provided by educational service districts and be identified in statute so that biennial budget requests by the superintendent of public instruction for educational service districts may be based upon measurable goals and needs. Educational service districts as noted in RCW 28A.21.010, are intended primarily to:

(1) Provide cooperative and informational services to local districts and to perform functions for those districts when such functions are more effectively or economically administered from the regional level;

(2) Assist the state educational agencies, office of superintendent of public instruction and the state board of education in the legal performance of their duties; and

(3) Assist in providing pupils with equal educational opportunities.

The purpose of RCW 28A.21.137 and 28A.21.138 is to further identify those core services in order to prepare educational service district budgets for the 1979-81 biennium, and those bienniums beyond.

Sec. 25. Section 16, chapter 176, Laws of 1969 ex. sess. as last amended by section 32, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.21.160 are each amended to read as follows:

((All funds under the control of the office of each educational service district shall be combined into the educational service district general expense fund and deposited in the office of the county treasurer of the county in which the educational service district headquarters office is located.)) The superintendent of public instruction, by rule or regulation, shall provide by an established formula for the proper distribution of moneys received from the county current expense fund, the county institute fund, and the county circulating library fund in those counties which are a part of two or more educational service districts. In case the boundaries of any of the educational service districts are changed, the superintendent of public instruction shall order an equitable transfer of such funds from one educational service district to another which the superintendent of public instruction deems necessary to adjust for the increase and decrease in the operating costs of the respective districts for the balance of the fiscal year ((and shall certify to the county commissioners of the affected counties a new ratio for the appropriation of funds to the general expense funds of two or more educational service districts under RCW 28A.21.180, as now or hereafter amended)).

Sec. 26. Section 23, chapter 75, Laws of 1974 ex. sess. as amended by section 35, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.21.195 are each amended to read as follows:

The superintendent of public instruction shall be responsible for the provision of legal services to all educational service districts((~~: PROVIDED, That any educational service district board may contract with any county for the legal services of its prosecuting attorney~~)).

Sec. 27. Section 23, chapter 176, Laws of 1969 ex. sess. as last amended by section 37, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.21.220 are each amended to read as follows:

((~~The superintendents of all local school districts within an~~)) Every educational service district shall ((~~serve in an~~)) have an advisory ((~~capacity~~)) committee of professional educators and citizens who shall offer the committee's opinions to the educational service district ((~~board and~~)) superintendent and the superintendent of public instruction in matters pertaining to budgets, programs, policy, and staff. Such committee shall consist of:

(1) Three school district superintendents appointed by the superintendents of all school districts within the educational service district, at least one of whom shall be from a first class district and at least one from a second class district;

(2) Three school directors appointed by the school district board members of all school districts within the educational service district, at least one of whom shall be from a first class district and one from a second class district;

(3) Six principals appointed by the principals of all schools within the educational service district, three of whom shall be from first class school districts and representative of elementary, middle/junior high, and secondary schools, and three from second class school districts and representative of elementary, middle/junior high, and secondary schools;

(4) Six classroom teachers appointed by all the classroom teachers within the educational service district, three of whom must be from first class districts and representative of elementary, middle/junior high, and secondary schools and three from second class districts and representative of elementary, middle/junior high, and secondary schools; and

(5) Seven citizen members from each educational service district appointed by the superintendent of public instruction who shall be the parent of a child or children attending school within the educational service district and who shall be representative geographically of the educational service district.

Sec. 28. Section 9, chapter 191, Laws of 1982 and RCW 28A.21.255 are each amended to read as follows:

The ((~~board of directors~~)) superintendent of any educational service district is authorized to enter into agreements with the board of directors of any local school district and/or with other educational service district((s)) superintendents to form a self-insurance group for the purpose of qualifying as a self-insurer under chapter 51.14 RCW.

Sec. 29. Section 5, chapter 91, Laws of 1974 ex. sess. as amended by section 38, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.21.300 are each amended to read as follows:

All powers, duties and functions of any school district relating to the operation of a state supported environmental study center shall be transferred to that educational service district which the superintendent of public instruction deems will be in the best interest of the public for the utilization of such a center; any moneys heretofore appropriated for any such center purposes shall be expended for this purpose only upon the prior approval of the superintendent of public instruction: PROVIDED, That subsequent requests for state supported environmental education centers' activities shall be incorporated into ((~~the appropriate educational service districts'~~)) future budget requests of the superintendent of public instruction, subject to usual provisions of law, and rules and regulations promulgated for the implementation thereof. All employees of any state supported environmental study center on July 1, 1974 who are classified employees under chapter 41.06 RCW, the state civil service law, shall be assigned and transferred to the respective intermediate school district, after September 8, 1975 to be known as educational service district, operating such a state supported environmental center to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing the state civil service law.

Sec. 30. Section 2, chapter 210, Laws of 1977 ex. sess. and RCW 28A.21.310 are each amended to read as follows:

The ((~~board of any educational service district~~)) superintendent of public instruction may enter into contracts for ((~~their~~)) the respective educational service district((s)) offices for periods not exceeding five years in duration with public and private persons, organizations, and entities for the following purposes:

(1) To rent or lease building space, portable buildings, security systems, computers and other equipment; and

(2) To have maintained and repaired security systems, computers and other equipment.

The budget of each educational service district office under the office of the superintendent of public instruction shall identify that portion of each contractual liability incurred pursuant to this section extending beyond the fiscal year by amount, duration, and nature of the contracted service and/or item in accordance with rules and regulations of the superintendent of public instruction adopted pursuant to RCW 28A.65.465 and 28A.21.135, as now or hereafter amended.

Sec. 31. Section 155, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.21.900 are each amended to read as follows:

It is the intent of the legislature that after September 8, 1975 where the words "intermediate school district", "intermediate school district board" and "intermediate school district superintendent" are used in any bill enacted by the legislature or found within the code of the state of Washington they shall mean the "educational service district"((~~, educational service district board"~~)) and "educational service district superintendent", respectively.

Sec. 32. Section 14, chapter 15, Laws of 1970 ex. sess. as amended by section 58, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.27.102 are each amended to read as follows:

Any school district superintendent, teacher or attendance officer who shall fail or refuse to perform the duties prescribed by RCW 28A.27.010 through 28A.27.130 shall be deemed guilty of a misdemeanor and, upon conviction thereof, be fined not less than twenty nor more than one hundred dollars: PROVIDED, That in case of a school district employee, such fine shall be paid to the appropriate county treasurer and by him placed to the credit of the school district in which said employee is employed, and in case of all other officers such fine shall be paid to the county treasurer of the county in which the educational service district headquarters is located and by him placed to the credit of the general ((~~school~~)) fund of the ((~~educational service district~~)) superintendent of public instruction: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a justice court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended.

Sec. 33. Section 28A.56.040, chapter 223, Laws of 1969 ex. sess. as last amended by section 35, chapter 385, Laws of 1985 and RCW 28A.56.040 are each amended to read as follows:

Subsequent to the holding of a hearing or hearings as provided in RCW 28A.56.030, the regional committee on school district organization shall determine the nonhigh school districts to be included in the plan and the amount of capital funds to be provided by every school district included therein, and shall submit the proposed plan to the state board of education together with such maps and other materials pertaining thereto as the state board may require. The state board shall review such plan, shall approve any plan which in its judgment makes adequate and satisfactory provision for participation by the nonhigh school districts in providing capital funds to be used for the purpose above stated, and shall notify the regional committee of such action. Upon receipt by the regional committee of such notification, the ((~~educational service district~~)) superintendent of public instruction, or his or her designee, shall notify the board of directors of each school district included in the plan, supplying each board with complete details of the plan and shall state the total amount of funds to be provided and the amount to be provided by each district.

If any such plan submitted by a regional committee is not approved by the state board, the regional committee shall be so notified, which notification shall contain a statement of reasons therefor and suggestions for revision. Within sixty days thereafter the regional committee shall submit to the state board a revised plan which revision shall be subject to approval or disapproval by the state board and the procedural requirements and provisions of law applicable to an original plan submitted to said board.

Sec. 34. Section 28A.56.050, chapter 223, Laws of 1969 ex. sess. as last amended by section 92, chapter 7, Laws of 1985 and RCW 28A.56.050 are each amended to read as follows:

Within sixty days after receipt of the notice of approval from the ((~~educational service district~~)) superintendent of public instruction, the board of directors of each school district included in the plan shall submit to the voters thereof a proposal or proposals for providing, through the issuance of bonds and/or the authorization of an excess tax levy, the amount of capital funds that the district is required to provide under the plan. The proceeds of any such bond issue and/or excess tax levy shall be credited to the capital projects fund of the school district in which the proposed high school facilities are to be located and shall be expended to pay the cost of high school facilities for the education of such students residing in the school districts as are included in the plan and not otherwise.

Sec. 35. Section 28A.56.060, chapter 223, Laws of 1969 ex. sess. as last amended by section 36, chapter 385, Laws of 1985 and RCW 28A.56.060 are each amended to read as follows:

In the event that a proposal or proposals for providing capital funds as provided in RCW 28A.56.050 is not approved by the voters of a nonhigh school district a second election thereon shall be held within sixty days thereafter. If the vote of the electors of the nonhigh school district is again in the negative, the high school students residing therein shall not be entitled to admission to the high school under the provisions of RCW 28A.58.230, following the close of the school year during which the second election is held: PROVIDED, That in any such case the regional committee on school district organization shall determine within thirty days after the date of the aforesaid election the advisability of initiating a proposal for annexation of such nonhigh school district to the school district in which the proposed facilities are to be located or to some other district where its students can attend high school without undue inconvenience: PROVIDED FURTHER, That pending such determination by the regional committee and action thereon as required by law the board of directors of the high school district shall continue to admit high school students residing in the nonhigh school district. Any proposal for annexation of a nonhigh school district initiated by a regional committee shall be subject to the procedural requirements of this chapter respecting a public hearing and submission to and approval by the state board of education. Upon approval by the state board of any such proposal, the ((~~educational service district~~)) superintendent of public instruction shall make an order, establishing the annexation.

Sec. 36. Section 28A.57.030, chapter 223, Laws of 1969 ex. sess. as amended by section 2, chapter 385, Laws of 1985 and RCW 28A.57.030 are each amended to read as follows:

There is hereby created in each educational service district a committee which shall be known as the regional committee on school district organization((~~, which~~)). The committee shall be composed of ((~~not less than seven nor more than~~)) nine registered voters of the educational service district((, the number to correspond with the number of board member districts established for the governance of the educational service district in which the regional committee is located. One member of the regional committee shall be elected from the registered voters of each such educational service district board member district)). The superintendent of public instruction shall establish in each educational service district nine regional committee member-districts to assure that regional committee members are distributed geographically across the educational service district. Each regional committee member shall reside within the member-district for which the member filed candidacy.

Sec. 37. Section 28A.57.031, chapter 223, Laws of 1969 ex. sess. as last amended by section 3, chapter 385, Laws of 1985 and RCW 28A.57.031 are each amended to read as follows:

Persons possessing the status of any of the following positions shall not be eligible to be a member of a regional committee: The superintendent of public instruction, a member of the state board of education, an educational service district superintendent, a member of a board of directors of a school district, ((~~a member of an educational service district board,~~)) a member of a governing board of either a private school or a private school district which conducts any grades kindergarten through twelve, officers appointed by any such governing board, and employees of a school district, an educational service district, the office of the superintendent of public instruction, a private school, or a private school district.

Sec. 38. Section 1, chapter 15, Laws of 1975-'76 2nd ex. sess. as amended by section 4, chapter 385, Laws of 1985 and RCW 28A.57.032 are each amended to read as follows:

The members of each regional committee shall be elected in the following manner:

(1) On or before the 25th day of September, 1986, and not later than the 25th day of September of every subsequent year, each superintendent of an educational service district shall call an election to be held in each educational service district within which resides a member of a regional committee whose term of office expires on the second Monday of January next following, and shall give written notice thereof to each member of the board of directors of each school district in the educational service district. Such notice shall include instructions, and the rules and regulations established by the ((~~state board of education~~)) superintendent of public instruction for the conduct of the election. The ((~~state board of education~~)) superintendent of public instruction is hereby empowered to adopt rules pursuant to chapter 34.04 RCW which establish standards and procedures which the ((~~state board~~)) superintendent deems necessary to conduct elections pursuant to this section; to conduct run-off elections in the event an election for a position is indecisive; and to decide run-off elections which result in tie votes, in a fair and orderly manner.

(2) Candidates for membership on a regional committee shall file a declaration of candidacy with the superintendent of the educational service district wherein they reside. Declarations of candidacy may be filed by person or by mail not earlier than the 1st day of October, and not later than the 15th day of October. The superintendent may not accept any declaration of candidacy that is not on file in his or her office or not postmarked before the 16th day of October, or if not postmarked or the postmark is not legible, if received by mail after the 20th day of October.

(3) Each member of the regional committee shall be elected by a majority of the votes cast for all candidates for the position by the members of the boards of directors of school districts in the educational service district. All votes shall be cast by mail ballot addressed to the superintendent of the educational service district wherein the school director resides. No votes shall be accepted for counting if postmarked after the 16th day of November or if not postmarked or the postmark is not legible, if received by mail after the 21st day of November. An election board comprised of three persons appointed by the ((~~board~~)) superintendent of the educational service district shall count and tally the votes not later than the 25th day of November or the next business day if the 25th falls on a Saturday, Sunday, or legal holiday. Each vote cast by a school director shall be recorded as one vote. Within ten days following the count of votes, the educational service district superintendent shall certify to the superintendent of public instruction the name or names of the person(s) elected to be members of the regional committee.

(4) In the event of a change in the number of educational service districts ((~~or in the number of educational service district board members pursuant to chapter 28A.21 RCW~~)) a new regional committee shall be elected for each affected educational service district at the next annual election conducted pursuant to this section. Those persons who were serving on a regional committee within an educational service district affected by a change in the number of districts ((~~or board members~~)) shall continue to constitute the regional committee for the educational service district within which they are registered to vote until the majority of a new ((~~board~~)) committee has been elected and certified.

(5) No member of a regional committee shall continue to serve thereon if he or she ceases to be a registered voter of the ((~~educational service district board~~)) regional committee member district or if he or she is absent from three consecutive meetings of the committee without an excuse acceptable to the committee.

Sec. 39. Section 28A.57.033, chapter 223, Laws of 1969 ex. sess. as last amended by section 5, chapter 385, Laws of 1985 and RCW 28A.57.033 are each amended to read as follows:

In case of a vacancy from any cause on a regional committee, the remaining members of the committee shall fill such vacancy by appointment pursuant to a majority vote of the remaining members: PROVIDED, That should there exist fewer members on a regional committee than constitutes a majority of the legally established committee member positions, the ((~~educational service district board members~~)) superintendent of public instruction of the educational service district in which the regional committee is located((~~, by the vote of a majority of the members in its legally established number of board member positions,~~)) shall appoint a sufficient number of committee members to constitute a legal majority on the committee. Appointees to fill vacancies shall meet the requirements provided by law for committee members and shall serve until the next regular election for members of regional committees at which time a successor shall be elected for the balance of the unexpired term.

Sec. 40. Section 28A.57.034, chapter 223, Laws of 1969 ex. sess. as amended by section 6, chapter 385, Laws of 1985 and RCW 28A.57.034 are each amended to read as follows:

The terms of members of the regional committees shall be for five years and until their successors are elected. As nearly as possible one-fifth of the members shall be elected annually. For the initial election conducted pursuant to RCW 28A.57.029 and the election of a new regional committee following a change in the number of educational service districts ((~~or board members~~)), regional committee member positions one and six shall be for a term of five years, positions two and seven shall be for a term of four years, positions three and eight shall be for a term of three years, positions four and nine shall be for a term of two years, and position five shall be for a term of one year.

Sec. 41. Section 28A.57.070, chapter 223, Laws of 1969 ex. sess. as last amended by section 13, chapter 385, Laws of 1985 and RCW 28A.57.070 are each amended to read as follows:

Upon receipt by a regional committee of such notice from the state board as is required in RCW 28A.57.060(2), the ((~~educational service district~~)) superintendent of public instruction shall make an order establishing all approved changes involving the alteration of the boundaries of an established school district or districts and all approved terms of adjustment of assets and liabilities involving an established district or districts the boundaries of which have been or are hereafter altered in the manner provided by law, and shall certify his or her action to each county auditor for the board of county commissioners, each county treasurer, each county assessor and the superintendents of all school districts affected by such action. Upon receipt of such certification the superintendent of each school district which is annexed to another district by the action shall deliver to the superintendent of the school district to which annexed all books, papers, documents, records, and other materials pertaining to his or her office.

Sec. 42. Section 28A.57.075, chapter 223, Laws of 1969 ex. sess. as last amended by section 14, chapter 385, Laws of 1985 and RCW 28A.57.075 are each amended to read as follows:

Whenever adjustments of bonded indebtedness are made between or among school districts in connection with the alteration of the boundaries thereof, pursuant to the provisions of this chapter, the order of the ((~~educational service district~~)) superintendent of public instruction establishing the terms of adjustment of bonded indebtedness shall provide and specify:

(1) In every case where bonded indebtedness is transferred from one school district to another school district (a) that such bonded indebtedness is assumed by the school district to which it is transferred; (b) that thereafter such bonded indebtedness shall be the obligation of the school district to which it is transferred; (c) that, if the terms of adjustment so provide, any bonded indebtedness thereafter incurred by such transferee school district through the sale of bonds authorized prior to the date its boundaries were altered shall be the obligation of such school district including the territory added thereto; and (d) that taxes shall be levied thereafter against the taxable property located within such school district as it is constituted after its boundaries were altered, said taxes to be levied at the times and in the amounts required to pay the principal of and the interest on the bonded indebtedness assumed or incurred as aforesaid, as the same become due and payable.

In computing the debt limitation of any school district from which or to which bonded indebtedness has been transferred, the amount of such transferred bonded indebtedness at any time outstanding (a) shall be an offset against and deducted from the total bonded indebtedness, if any, of the school district from which such bonded indebtedness was transferred and (b) shall be deemed to be bonded indebtedness solely of the transferee school district that assumed such indebtedness.

(2) In every case where adjustments of bonded indebtedness do not provide for transfer of bonded indebtedness from one school district to another school district (a) that the existing bonded indebtedness of each school district the boundaries of which are altered and any bonded indebtedness incurred by each such school district through the sale of bonds authorized prior to the date its boundaries were altered shall be the obligation of the school district in its reduced or enlarged form, as the case may be; and (b) that taxes shall be levied thereafter against the taxable property located within each such school district in its reduced or enlarged form, as the case may be, at the times and in the amounts required to pay the principal of and interest on such bonded indebtedness as the same become due and payable.

If a change in school district organization approved by the state board concerns a proposal to form a new school district or a proposal for adjustment of bonded indebtedness involving an established school district and one or more former school districts now included therein pursuant to a vote of the people concerned, a special election of the voters residing within the territory of the proposed new district or of the established district involved in a proposal for adjustment of bonded indebtedness as the case may be shall be held for the purpose of affording said voters an opportunity to approve or reject such proposals as concern or affect them.

In a case involving both the question of the formation of a new school district and the question of adjustment of bonded indebtedness, the questions may be submitted to the voters either in the form of a single proposition or as separate propositions, whichever to the ((~~educational service district~~)) superintendent of public instruction seems expedient. When the regional committee has passed appropriate resolutions for the questions to be submitted and the educational service district superintendent has given notice thereof to the county auditor such special election shall be called, conducted, and the returns canvassed as in regular school district elections.

Sec. 43. Section 28A.57.090, chapter 223, Laws of 1969 ex. sess. as last amended by section 16, chapter 385, Laws of 1985 and RCW 28A.57.090 are each amended to read as follows:

Whenever a special election is held to vote on a proposal or alternate proposals to form a new school district, the votes cast by the registered voters in each component district shall be tabulated separately and any such proposition shall be considered approved only if it receives a majority of the votes cast in each separate district voting thereon. Whenever a special election is held to vote on a proposal for adjustment of bonded indebtedness the entire vote cast by the registered voters of the proposed new district or of the established district as the case may be shall be tabulated and any such proposition shall be considered approved if sixty percent or more of all votes cast thereon are in the affirmative.

In the event of approval of a proposition or propositions voted on at a special election, the ((~~educational service district~~)) superintendent of public instruction shall: (1) Make an order establishing such new school district or such terms of adjustment of bonded indebtedness or both, as were approved by the registered voters and shall also order effected such other terms of adjustment, if there be any, of property and other assets and of liabilities other than bonded indebtedness as have been approved by the state board; and (2) certify his or her action to the county and school district officials specified in RCW 28A.57.070. He or she may designate, with the approval of the superintendent of public instruction, a name and number different from that of any component thereof but must designate the new district by name and number different from any other district in existence in the county.

The ((~~educational service district~~)) superintendent of public instruction shall fix, as the effective date of any order or orders he or she is required by this chapter to make, a date no later than the first day of September next succeeding the date of final approval of any change in the organization and extent of school districts or of any terms of adjustment of the assets and liabilities of school districts subject, for taxing purposes, to the redrawing of taxing district boundaries pursuant to RCW 84.09.030.

Upon receipt of the aforesaid certification, the superintendent of each school district which is included in the new district shall deliver to the superintendent of the new school district all books, papers, documents, records and other materials pertaining to his or her office.

Sec. 44. Section 28A.57.150, chapter 223, Laws of 1969 ex. sess. as last amended by section 19, chapter 385, Laws of 1985 and RCW 28A.57.150 are each amended to read as follows:

Each incorporated city or town in the state shall be comprised in one school district: PROVIDED, That nothing in this section shall be construed: (1) To prevent the extension of the boundaries of a school district beyond the limits of the city or town contained therein, or (2) to prevent the inclusion of two or more incorporated cities or towns in a single school district, or (3) to change or disturb the boundaries of any school district organized prior to the incorporation of any city or town, except as hereafter in this section provided.

In case all or any part of a school district that operates a school or schools on one site only or operates elementary schools only on two or more sites is included in an incorporated city or town through the extension of the limits of such city or town in the manner provided by law, the ((~~educational service district~~)) superintendent of public instruction shall: (1) Declare the territory so included to be a part of the school district containing the city or town and (2) whenever a part of a district so included contains a school building of the district, present to the regional committee a proposal for the disposition of any part or all of the remaining territory of the district.

In case of the extension of the limits of a town to include territory lying in a school district that operates on more than one site one or more elementary schools and one or more junior high schools or high schools, the regional committee shall, in its discretion, prepare a proposal or proposals for annexation to the school district in which the town is located any part or all of the territory aforesaid which has been included in the town and for annexation to the school district in which the town is located or to some other school district or districts any part or all of the remaining territory of the school district affected by extension of the limits of the town: PROVIDED, That where no school or school site is located within the territory annexed to the town and not less than seventy-five percent of the registered voters residing within the annexed territory present a petition in writing for annexation and transfer of said territory to the school district in which the town is located, the ((~~educational service district~~)) superintendent of public instruction shall declare the territory so included to be a part of the school district containing said town: PROVIDED FURTHER, That territory approved for annexation to a city or town by vote of the electors residing therein prior to January 12, 1953, shall not be subject to the provisions herein respecting annexation to a school district or school districts: AND PROVIDED FURTHER, That the provisions and procedural requirements of this chapter as now or hereafter amended not in conflict with or inconsistent with the provisions hereinabove in this section stated shall apply in the case of any proposal or proposals (1) for the alteration of the boundaries of school districts through and by means of annexation of territory as aforesaid, and (2) for the adjustment of the assets and liabilities of the school districts involved or affected thereby.

In case of the incorporation of a city or town containing territory lying in two or more school districts or of the uniting of two or more cities or towns not located in the same school district, the ((~~educational service district~~)) superintendent of public instruction, except where the incorporation or consolidation would affect a district or districts of the first class, shall: (1) Order and declare to be established in each such case a single school district comprising all of the school districts involved, and (2) designate each such district by name and by a number different from that of any other district in existence in the county.

The ((~~educational service district~~)) superintendent of public instruction shall fix as the effective date of any declaration or order required under this section a date no later than the first day of September next succeeding the date of the issuance of such declaration or order.

Sec. 45. Section 28A.57.180, chapter 223, Laws of 1969 ex. sess. as last amended by section 21, chapter 385, Laws of 1985 and RCW 28A.57.180 are each amended to read as follows:

For the purpose of transferring territory from one school district to another district, a petition in writing may be presented to the educational service district superintendent, as secretary of the regional committee, signed by a majority of the registered voters residing in the territory proposed to be transferred, or by the board of directors of one of the districts affected by a proposed transfer of territory if there is no registered voter resident in the territory, which petition shall state the name and number of each district affected, describe the boundaries of the territory proposed to be transferred, and state the reasons for desiring the change and the number of children of school age, if any, residing in the territory: PROVIDED, That the educational service district superintendent, without being petitioned to do so but with the concurrence of the superintendent of public instruction, may present to the regional committee a proposal for the transfer from one school district to another of any territory in which no children of school age reside: PROVIDED FURTHER, That the ((~~educational service district~~)) superintendent of public instruction shall not complete any transfer of territory pursuant to the provisions of this section which involves ten percent or more of the common school student population of the entire district from which such transfer is proposed, unless he or she has first called and held a special election of the voters of the entire school district from which such transfer of territory is proposed for the purpose of affording said voters an opportunity to approve or reject such proposed transfer, and has obtained approval of the proposed transfer by a majority of those registered voters voting in said election; and if such proposed transfer is disapproved, the state board of education shall determine whether or not said district is meeting or capable of meeting minimum standards of education as set up by the state board. If the state board decides in the negative, the superintendent of public instruction may thereupon withhold from such district, in whole or in part, state contributed funds.

Sec. 46. Section 28A.57.240, chapter 223, Laws of 1969 ex. sess. as last amended by section 25, chapter 385, Laws of 1985 and RCW 28A.57.240 are each amended to read as follows:

The duties in this chapter imposed upon and required to be performed by a regional committee and by ((~~an educational service district~~)) the superintendent of public instruction in connection with a change in the organization and extent of school districts and/or with the adjustment of the assets and liabilities of school districts and with all matters related to such change or adjustment whenever territory lying in a single educational service district is involved shall be performed jointly by the regional committees and by the superintendents of the several educational service districts as required whenever territory lying in more than one educational service district is involved in a proposed change in the organization and extent of school districts: PROVIDED, That a regional committee may designate three of its members, or two of its members and the educational service district superintendent, as a subcommittee to serve in lieu of the whole committee, but action by a subcommittee shall not be binding unless approved by a majority of the regional committee. Proposals for changes in the organization and extent of school districts and proposed terms of adjustment of assets and liabilities thus prepared and approved shall be submitted to the state board by the regional committee of the educational service district in which is located the part of the proposed or enlarged district having the largest number of common school pupils residing therein.

Sec. 47. Section 28A.57.326, chapter 223, Laws of 1969 ex. sess. as last amended by section 100, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.57.326 are each amended to read as follows:

In case of a vacancy from any cause on the board of directors of a school district other than a reconstituted board resulting from reorganized school districts, a majority of the legally established number of board members shall fill such vacancy by appointment: PROVIDED, That should there exist fewer board members on the board of directors of a school district than constitutes a majority of the legally established number of board members, the ((~~educational service district board members of the district in which the school district is located by the vote of a majority of its legally established number of board members~~)) superintendent of public instruction shall appoint a sufficient number of board members to constitute a legal majority on the board of directors of such school district; and the remaining vacancies on such board of directors shall be filled by such board of directors in accordance with the provisions of this section: PROVIDED FURTHER, That should any board of directors for whatever reason fail to fill a vacancy within ninety days from the creation of such vacancy, the ((~~members of the educational service district board of the district in which the school district is located by majority vote~~)) superintendent of public instruction shall fill such vacancy.

Appointees to fill vacancies on the board of directors of school districts shall meet the requirements provided by law for school directors and shall serve until the next regular school district election, at which time a successor shall be elected for the unexpired term.

Sec. 48. Section 5, chapter 15, Laws of 1975-'76 2nd ex. sess. as last amended by section 2, chapter 35, Laws of 1980 and RCW 28A.57.328 are each amended to read as follows:

Upon the establishment of a new school district of the second class, the directors of the old school districts who reside within the limits of the new district shall meet at the call of the ((~~educational service district~~)) superintendent of public instruction and shall constitute the board of directors of the new district. If fewer than five such directors reside in any such new second class school district, they shall become directors of said district, and the ((~~educational service district board~~)) superintendent of public instruction shall appoint the number of additional directors required to constitute a board of five directors for the new second class district. Vacancies once such a board has been reconstituted shall not be filled unless the number of remaining board members is less than five in a second class district, and such vacancies shall be filled in the manner otherwise provided by law.

Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all the powers and authority conferred by law upon boards of directors of other districts of the same class. Each initial director shall hold office until his successor is elected and qualified: PROVIDED, That the election of the successor shall be held during the second district general election after the initial directors have assumed office. At such election, no more than five directors shall be elected either at large or by director districts, as the case may be, two for a term of two years and three for a term of four years. Directors thereafter elected and qualified shall serve such terms as provided for in RCW 28A.57.312, as now or hereafter amended.

Sec. 49. Section 3, chapter 67, Laws of 1971 as last amended by section 3, chapter 35, Laws of 1980 and RCW 28A.57.355 are each amended to read as follows:

Upon the establishment of a new school district of the first class as provided for in RCW 28A.57.342 containing no former first class district, the directors of the old school districts who reside within the limits of the new district shall meet at the call of the ((~~educational service district~~)) superintendent of public instruction and shall constitute the board of directors of the new district. If fewer than five such directors reside in such new district, they shall become directors of said district and the ((~~educational service district board~~)) superintendent of public instruction shall appoint the number of additional directors to constitute a board of five directors for the district. Vacancies, once such a board has been reconstituted, shall not be filled unless the number of remaining board members is less than five, and such vacancies shall be filled in the manner otherwise provided by law.

Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all the powers and authority conferred by law upon boards of directors of first class school districts until the next regular school election in the district at which election their successors shall be elected and qualified. At such election no more than five directors shall be elected either at large or by director districts, as the case may be, two for a term of two years and three for a term of four years: PROVIDED, That if such first class district is in a class AA or class A county and contains a city of the first class, two directors shall be elected for a term of three years and three directors shall be elected for a term of six years.

Sec. 50. Section 6, chapter 15, Laws of 1975-'76 2nd ex. sess. as last amended by section 4, chapter 35, Laws of 1980 and RCW 28A.57.356 are each amended to read as follows:

Upon the establishment of a new school district of the first class as provided for in RCW 28A.57.342, as now or hereafter amended, containing only one former first class district, the directors of the former first class district and two directors representative of former second class districts selected by a majority of the board members of former second class districts shall meet at the call of the ((~~educational service district~~)) superintendent of public instruction and shall constitute the board of directors of the new district. Vacancies, once such a board has been reconstituted, shall not be filled unless the number of remaining board members is less than five, and such vacancies shall be filled in the manner otherwise provided by law.

Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all the powers and authority conferred by law upon boards of directors of first class school districts until the next regular school election in the district at which election their successors shall be elected and qualified. At such election no more than five directors shall be elected either at large or by director districts, as the case may be, two for a term of two years and three for a term of four years: PROVIDED, That if such first class district is in a class AA or class A county and contains a city of the first class, two directors shall be elected for a term of three years and three directors shall be elected for a term of six years.

Sec. 51. Section 2, chapter 47, Laws of 1980 as amended by section 5, chapter 35, Laws of 1980 and RCW 28A.57.357 are each amended to read as follows:

Upon the establishment of a new school district of the first class as provided for in RCW 28A.57.342, as now or hereafter amended, containing more than one former first class district, the directors of the largest former first class district and three directors representative of the other former first class districts selected by a majority of the board members of the former first class districts and two directors representative of former second class districts selected by a majority of the board members of former second class districts shall meet at the call of the ((~~educational service district~~)) superintendent of public instruction and shall constitute the board of directors of the new district. Vacancies once such a board has been reconstituted shall not be filled unless the number of remaining board members is less than seven, and such vacancies shall be filled in the manner otherwise provided by law.

Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all of the powers and authority conferred by law upon boards of first class districts until the next regular school election and until their successors are elected and qualified. At such election other than districts electing directors for six-year terms as provided in RCW 29.13.060, as now or hereafter amended, five directors shall be elected either at large or by director districts, as the case may be, two for a term of two years and three for a term of four years. At such election for districts electing directors for six years other than a district having within its boundaries a city with a population of four hundred thousand people or more in class AA counties and electing directors for six year terms, five directors shall be elected either at large or by director districts, as the case may be, one for a term of two years, two for a term of four years, and two for a term of six years.

Sec. 52. Section 3, chapter 47, Laws of 1980 as amended by section 6, chapter 35, Laws of 1980 and RCW 28A.57.358 are each amended to read as follows:

Upon the establishment of a new school district of the first class having within its boundaries a city with a population of four hundred thousand people or more in class AA counties, the directors of the largest former first class district and three directors representative of the other former first class districts selected by a majority of the board members of the former first class districts and two directors representative of former second class districts selected by a majority of the board members of former second class districts shall meet at the call of the ((~~educational service district~~)) superintendent of public instruction and shall constitute the board of directors of the new district. Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all the powers and duties conferred by law upon boards of first class districts, until the next regular school election and until their successors are elected and qualified. Such duties shall include establishment of new director districts as provided for in RCW 28A.57.425, as now or hereafter amended. At the next regular school election seven directors shall be elected by director districts, two for a term of two years, two for a term of four years and three for a term of six years. Thereafter their terms shall be as provided in RCW 28A.57.313.

Vacancies once such a board has been reconstituted shall not be filled unless the number of remaining board members is less than seven, and such vacancies shall be filled in the manner otherwise provided by law.

Sec. 53. Section 9, chapter 15, Laws of 1975-'76 2nd ex. sess. and RCW 28A.57.415 are each amended to read as follows:

Upon receipt of a written petition by an educational service district superintendent signed by at least twenty percent of the registered voters of a school district theretofore divided into directors' districts after a majority vote thereon in accordance with RCW 28A.57.050(4), as now or hereafter amended, which petition shall request a return to the system of directors running at large within the district, the superintendent of public instruction, after formation of the question to be submitted to the voters, shall give notice thereof to the county auditor who shall call and hold a special election of the voters of the entire school district to approve or reject such proposal, such election to be called, conducted and the returns canvassed as in regular school district elections.

If approval of a majority of those registered voters voting in said election is acquired, at the expiration of terms of the incumbent directors of such school district their successors shall be elected at large.

Sec. 54. Section 1, chapter 90, Laws of 1975-'76 2nd ex. sess. as last amended by section 3, chapter 278, Laws of 1984 and RCW 28A.58.090 are each amended to read as follows:

Every school district board of directors, being accountable to the citizens within its district as to the education offered to the students therein, shall, based on the timeline established by the superintendent of public instruction, develop a program identifying student learning objectives for their district in all courses of study included in the school district programs. The school district must evidence community participation in defining the objectives of such a program. The program of student learning objectives shall assure that the district's resources in the educational program, such as money, facilities, time, materials and personnel, are used so as to provide both economies in management and operation, and quality education in all subject areas and courses. The learning objectives shall be measurable as to the actual student attainment; student attainment shall be locally assessed annually and the student learning objectives program shall be reviewed at least every two years. In developing and reviewing the learning objectives, districts shall give specific attention to improving the depth of course content within courses and in coordinating the sequence in which subject matter is presented.

The superintendent of public instruction shall review implementation of the learning objectives law biennially and shall submit a report of such review to the legislature on or before January 1 of each odd-numbered year.

The state board of education shall examine the programs in each school district in the state for reasons of program approval as required in accordance with RCW 28A.41.130, as now or hereafter amended.

School districts may obtain assistance in carrying out their duties under this section from the superintendent of public instruction through the educational service district of which they are a part.

Sec. 55. Section 3, chapter 275, Laws of 1983 as amended by section 1, chapter 46, Laws of 1985 and by section 1, chapter 210, Laws of 1985 and RCW 28A.58.099 are each reenacted and amended to read as follows:

Every board of directors, unless otherwise specially provided by law, shall:

(1) Employ for not more than one year, and for sufficient cause discharge all certificated and noncertificated employees;

(2) Adopt written policies granting leaves to persons under contracts of employment with the school district(s) in positions requiring either certification or noncertification qualifications, including but not limited to leaves for attendance at official or private institutes and conferences and sabbatical leaves for employees in positions requiring certification qualification, and leaves for illness, injury, bereavement and, emergencies for both certificated and noncertificated employees, and with such compensation as the board of directors prescribe: PROVIDED, That the board of directors shall adopt written policies granting to such persons annual leave with compensation for illness, injury and emergencies as follows:

(a) For such persons under contract with the school district for a full year, at least ten days;

(b) For such persons under contract with the school district as part time employees, at least that portion of ten days as the total number of days contracted for bears to one hundred eighty days;

(c) For certificated and noncertificated employees, annual leave with compensation for illness, injury, and emergencies shall be granted and accrue at a rate not to exceed twelve days per year; provisions of any contract in force on June 12, 1980, which conflict with requirements of this subsection shall continue in effect until contract expiration; after expiration, any new contract executed between the parties shall be consistent with this subsection;

(d) Compensation for leave for illness or injury actually taken shall be the same as the compensation such person would have received had such person not taken the leave provided in this proviso;

(e) Leave provided in this proviso not taken shall accumulate from year to year up to a maximum of one hundred eighty days for the purposes of RCW 28A.58.096 and 28A.58.098, and for leave purposes up to a maximum of the number of contract days agreed to in a given contract, but not greater than one year. Such accumulated time may be taken at any time during the school year or up to twelve days per year may be used for the purpose of payments for unused sick leave.

(f) Sick leave heretofore accumulated under section 1, chapter 195, Laws of 1959 (former RCW 28.58.430) and sick leave accumulated under administrative practice of school districts prior to the effective date of section 1, chapter 195, Laws of 1959 (former RCW 28.58.430) is hereby declared valid, and shall be added to leave for illness or injury accumulated under this proviso;

(g) Any leave for injury or illness accumulated up to a maximum of forty-five days shall be creditable as service rendered for the purpose of determining the time at which an employee is eligible to retire, if such leave is taken it may not be compensated under the provisions of RCW 28A.58.096 ((~~and 28A.21.360~~));

(h) Accumulated leave under this proviso shall be transferred to and from one district to another, the office of superintendent of public instruction and ((~~offices of~~)) educational service district ((~~superintendents and boards~~)) offices, to and from such districts and such offices;

(i) Leave accumulated by a person in a district prior to leaving said district may, under rules and regulations of the board, be granted to such person when he returns to the employment of the district.

When any certificated or classified employee leaves one school district within the state and commences employment with another school district within the state, he shall retain the same seniority, leave benefits and other benefits that he had in his previous position: PROVIDED, That classified employees who transfer between districts after July 28, 1985, shall not retain any seniority rights other than longevity when leaving one school district and beginning employment with another. If the school district to which the person transfers has a different system for computing seniority, leave benefits, and other benefits, then the employee shall be granted the same seniority, leave benefits and other benefits as a person in that district who has similar occupational status and total years of service.

Sec. 56. Section 28A.58.107, chapter 223, Laws of 1969 ex. sess. as last amended by section 1, chapter 125, Laws of 1983 and RCW 28A.58.107 are each amended to read as follows:

Every board of directors, unless otherwise specifically provided by law, shall:

(1) Provide for the expenditure of a reasonable amount for suitable commencement exercises;

(2) In addition to providing free instruction in lip reading for children handicapped by defective hearing, make arrangements for free instruction in lip reading to adults handicapped by defective hearing whenever in its judgment such instruction appears to be in the best interests of the school district and adults concerned;

(3) Join with boards of directors of other school districts or the superintendent of public instruction through an educational service district office pursuant to RCW 28A.21.086(3), as now or hereafter amended, or both such school districts and educational service district offices in buying supplies, equipment and services by establishing and maintaining a joint purchasing agency, or otherwise, when deemed for the best interests of the district, any joint agency formed hereunder being herewith authorized and empowered to issue interest bearing warrants in payment of any obligation owed: PROVIDED, HOWEVER, That those agencies issuing interest bearing warrants shall assign accounts receivable in an amount equal to the amount of the outstanding interest bearing warrants to the county treasurer issuing such interest bearing warrants: PROVIDED FURTHER, That the joint purchasing agency shall consider the request of any one or more private schools requesting the agency to jointly buy supplies, equipment, and services, and, after considering such request, may cooperate with and jointly make purchases with private schools of supplies, equipment, and services so long as such private schools pay in advance their proportionate share of the costs or provide a surety bond to cover their proportionate share of the costs involved in such purchases;

(4) Consider the request of any one or more private schools requesting the board to jointly buy supplies, equipment and services, and, after considering such request, may provide such joint purchasing services: PROVIDED, That such private schools pay in advance their proportionate share of the costs or provide a surety bond to cover their proportionate share of the costs involved in such purchases; and

(5) Prepare budgets as provided for in chapter 28A.65 RCW.

Sec. 57. Section 28A.58.225, chapter 223, Laws of 1969 ex. sess. as last amended by section 1, chapter 140, Laws of 1979 ex. sess. and RCW 28A.58.225 are each amended to read as follows:

A local district may be authorized by the ((~~educational service district~~)) superintendent of public instruction to transport and educate its pupils in other districts for one year, either by payment of a compensation agreed upon by such school districts, or under other terms mutually satisfactory to the districts concerned when this will afford better educational facilities for the pupils and when a saving may be effected in the cost of education: PROVIDED, That notwithstanding any other provision of law, the amount to be paid by the state to the resident school district for apportionment purposes and otherwise payable pursuant to chapter 28A.41 RCW shall not be greater than the regular apportionment for each high school student of the receiving district. Such authorization may be extended for an additional year at the discretion of the ((~~educational service district~~)) superintendent of public instruction.

Sec. 58. Section 10, chapter 191, Laws of 1982 and RCW 28A.58.410 are each amended to read as follows:

Any school district board of directors is authorized to enter into agreements with the board of directors of other school districts ((~~and/or educational service districts~~)) to form a self-insurance group for the purpose of qualifying as a self-insurer under chapter 51.14 RCW.

Sec. 59. Section 1, chapter 47, Laws of 1975 as amended by section 5, chapter 191, Laws of 1982 and RCW 28A.58.430 are each amended to read as follows:

Any common school district board of directors is empowered to direct and authorize, and to delegate authority to an employee, officer, or agent of the common school district or the ((~~educational service district~~)) superintendent of public instruction to direct and authorize, the county treasurer to invest funds described in RCW 28A.58.435 and 28A.58.440 and funds from state and federal sources as are then or thereafter received by the ((~~educational service district~~)) superintendent of public instruction, and such funds from county sources as are then or thereafter received by the county treasurer, for distribution to the common school districts. Funds from state, county and federal sources which are so invested may be invested only for the period the funds are not required for the immediate necessities of the common school district as determined by the school district board of directors or its delegatee, and shall be invested in behalf of the common school district pursuant to the terms of RCW 28A.58.435, 28A.58.440, or 36.29.020, as now or hereafter amended, as the nature of the funds shall dictate. A grant of authority by a common school district pursuant to this section shall be by resolution of the board of directors and shall specify the duration and extent of the authority so granted. ((~~Any authority delegated to an educational service district pursuant to this section may be redelegated pursuant to RCW 28A.21.095, as now or hereafter amended.~~))

Sec. 60. Section 28A.58.530, chapter 223, Laws of 1969 ex. sess. as last amended by section 112, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.58.530 are each amended to read as follows:

For the purpose of obtaining information on school organization, administration, operation, finance and instruction, school districts and ((~~educational service districts~~)) the superintendent of public instruction may contract for or purchase information and research services from public universities, colleges and other public bodies, or from private individuals or agencies. For the same purpose, school districts ((~~and educational service district superintendents~~)) may become members of any nonprofit organization whose principal purpose is to provide such services. Charges payable for such services and membership fees payable to such organizations may be based on the cost of providing such services, on the benefit received by the participating school districts measured by enrollment, or on any other reasonable basis, and may be paid before, during, or after the receipt of such services or the participation as members of such organizations.

Sec. 61. Section 28A.58.560, chapter 223, Laws of 1969 ex. sess. as last amended by section 1, chapter 228, Laws of 1984 and RCW 28A.58.560 are each amended to read as follows:

The board of directors of any school district, the Washington state teachers' retirement system, and the superintendent of public instruction((~~, and educational service district superintendents~~)) are authorized to provide and pay for tax deferred annuities for their respective employees in lieu of a portion of salary or wages as authorized under the provisions of 26 U.S.C., section 403(b), as amended by Public Law 87-370, 75 Stat. 796, as now or hereafter amended. The superintendent of public instruction and educational service district superintendents, if eligible, may also be provided with such annuities.

At the request of at least five employees, the employees' employer shall arrange for the purchase of tax deferred annuity contracts which meet the requirements of 26 U.S.C., section 403(b), as now or hereafter amended, for the employees from any company the employees may choose that is authorized to do business in this state through a Washington-licensed insurance agent that the employees may select. Payroll deductions shall be made in accordance with the arrangements for the purpose of paying the entire premium due and to become due under the contracts. Employees' rights under the annuity contract are nonforfeitable except for the failure to pay premiums.

The board of directors of any school district, the Washington state teachers' retirement system, and the superintendent of public instruction((~~, and educational service district superintendents~~)) shall not restrict, except as provided in this section, employees' right to select the tax deferred annuity of their choice or the agent, broker, or company licensed by the state of Washington through which the tax deferred annuity is placed or purchased, and shall not place limitations on the time or place that the employees make the selection.

The board of directors of any school district, the Washington state teachers' retirement system, and the superintendent of public instruction((~~, and educational service district superintendents~~)) may each adopt rules regulating the sale of tax deferred annuities which: (1) Prohibit solicitation of employees for the purposes of selling tax deferred annuities on school premises during normal school hours; (2) only permit the solicitation of tax deferred annuities by agents, brokers, and companies licensed by the state of Washington; and (3) require participating companies to execute reasonable agreements protecting the respective employers from any liability attendant to procuring tax deferred annuities.

Sec. 62. Section 1, chapter 142, Laws of 1972 ex. sess. as amended by section 115, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.58.620 are each amended to read as follows:

Whenever any action, claim or proceeding is instituted against any director, officer, employee or agent of a school district or ((~~educational service district~~)) the superintendent of public instruction arising out of the performance or failure of performance of duties for, or employment with any such district, the board of directors of the school district or ((~~educational service district board~~)) the superintendent of public instruction, as the case may be, may grant a request by such person that the prosecuting attorney and/or attorney of the district's choosing be authorized to defend said claim, suit or proceeding, and the costs of defense, attorney's fees, and any obligation for payment arising from such action may be paid from the school district's general fund, or in the case of an educational service district, from any appropriation made for the support of the educational service district, to which said person is attached: PROVIDED, That costs of defense and/or judgment against such person shall not be paid in any case where the court has found that such person was not acting in good faith or within the scope of his employment with or duties for the district.

Sec. 63. Section 2, chapter 142, Laws of 1972 ex. sess. as amended by section 116, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.58.630 are each amended to read as follows:

Any school district board of directors ((~~and educational service district board are~~)) is authorized to purchase insurance to protect and hold personally harmless any director, officer, employee or agent of the respective school district ((~~or educational service district~~)) from any action, claim or proceeding instituted against him arising out of the performance or failure of performance of duties for or employment with such institution and to hold him harmless from any expenses connected with the defense, settlement or monetary judgments from such actions.

Sec. 64. Section 5, chapter 118, Laws of 1975-'76 2nd ex. sess. as amended by section 3, chapter 59, Laws of 1983 and RCW 28A.65.420 are each amended to read as follows:

Upon completion of their budgets as provided in RCW 28A.65.415, every school district shall publish a notice stating that the district has completed the budget and placed the same on file in the school district administration office, that a copy thereof will be furnished any person who will call upon the district for it, and that the board of directors will meet for the purpose of fixing and adopting the budget of the district for the ensuing fiscal year. Such notice shall designate the date, time, and place of said meeting which shall occur no later than the thirty-first day of August for first class school districts, and the first day of August for second class school districts. The notice shall also state that any person may appear thereat and be heard for or against any part of such budget. Said notice shall be published at least once each week for two consecutive weeks in a newspaper of general circulation in the district, or, if there be none, in a newspaper of general circulation in the county or counties in which such district is a part. The last notice shall be published no later than seven days immediately prior to the hearing.

The district shall provide a sufficient number of copies of the budget to meet the reasonable demands of the public not later than July 20th in the first class school districts, and not later than July 15th in second class school districts. School districts shall submit one copy of their budget to their educational service district((s)) superintendent for review and comment by these dates.

Sec. 65. Section 8, chapter 118, Laws of 1975-'76 2nd ex. sess. as last amended by section 8, chapter 128, Laws of 1984 and RCW 28A.65.435 are each amended to read as follows:

Copies of the budgets for all local school districts shall be filed with the superintendent of public instruction no later than September 10th. One copy will be retained by the educational service district superintendent.

Sec. 66. Section 17, chapter 118, Laws of 1975-'76 2nd ex. sess. as last amended by section 9, chapter 128, Laws of 1984 and RCW 28A.65.480 are each amended to read as follows:

(1) Notwithstanding any other provision of this chapter, upon the happening of any emergency in first class school districts caused by fire, flood, explosion, storm, earthquake, epidemic, riot, insurrection, or for the restoration to a condition of usefulness of any school district property, the usefulness of which has been destroyed by accident, and no provision has been made for such expenditures in the adopted appropriation, the board of directors, upon the adoption by the vote of the majority of all board members of a resolution stating the facts constituting the emergency, may make an appropriation therefor without notice or hearing.

(2) Notwithstanding any other provision of this chapter, if in first class districts it becomes necessary to increase the amount of the appropriation, and if the reason is not one of the emergencies specifically enumerated in subsection (1) of this section, the school district board of directors, before incurring expenditures in excess of the appropriation, shall adopt a resolution stating the facts and the estimated amount of appropriation to meet it.

Such resolution shall be voted on at a public meeting, notice to be given in the manner provided in RCW 28A.65.420. Its introduction and passage shall require the vote of a majority of all members of the school district board of directors.

Any person may appear at the meeting at which the appropriation resolution is to be voted on and be heard for or against the adoption thereof.

Copies of all adopted appropriation resolutions shall be filed with the educational service district superintendent who shall forward one copy each to the office of the superintendent of public instruction. One copy shall be retained by the educational service district superintendent.

Sec. 67. Section 17, chapter 15, Laws of 1975-'76 2nd ex. sess. and section 3, chapter 92, Laws of 1975-'76 2nd ex. sess. and RCW 28A.70.110 are each reenacted and amended to read as follows:

The fee for any certificate, or any renewal thereof, issued by the authority of the state of Washington, and authorizing the holder to teach or perform other professional duties in the public schools of the state shall be not less than one dollar or such reasonable fee therefor as the state board of education by rule or regulation shall deem necessary therefor. The fee must accompany the application and cannot be refunded unless the application is withdrawn before it is finally considered. The educational service district superintendent, or other official authorized to receive such fee, shall within thirty days transmit the same to the treasurer of the county in which the office of the educational service district superintendent is located, to be by him placed to the credit of said school district or ((~~educational service district~~)) the superintendent of public instruction: PROVIDED, That if any school district collecting fees for the certification of professional staff does not hold a professional training institute separate from the educational service district then all such moneys shall be placed to the credit of the ((~~educational service district~~)) superintendent of public instruction.

Such fees shall be used solely for the purpose of precertification professional preparation, program evaluation, and professional in-service training programs in accord with rules and regulations of the state board of education herein authorized.

Sec. 68. Section 18, chapter 15, Laws of 1975-'76 2nd ex. sess. and RCW 28A.71.100 are each amended to read as follows:

The educational service district ((~~board~~)) superintendent may arrange each year for the holding of one or more teachers' institutes and/or workshops for professional staff preparation and in-service training in such manner and at such time as the ((~~board~~)) superintendent believes will be of benefit to the teachers and other professional staff of school districts within the educational service district and shall comply with rules and regulations of the state board of education pursuant to RCW 28A.70.110 as now or hereafter amended. The board may provide such additional means of teacher and other professional staff preparation and in-service training as it may deem necessary or appropriate and there shall be a proper charge against the ((~~educational service district~~)) superintendent of public instruction's general expense fund when approved by the ((~~educational service district board~~)) superintendent of public instruction.

Educational service district ((~~boards~~)) superintendents of contiguous educational service districts, by mutual arrangements, may hold joint institutes and/or workshops, the expenses to be shared in proportion to the numbers of certificated personnel as shown by the last annual reports of the educational service districts holding such joint institutes or workshops.

In local school districts employing more than one hundred teachers and other professional staff, the school district superintendent may hold a teachers' institute of one or more days in such district, said institute when so held by the school district superintendent to be in all respects governed by the provisions of this code and state board of education rules and regulations relating to teachers' institutes held by educational service district superintendents.

Sec. 69. Section 2, chapter 189, Laws of 1977 ex. sess. as last amended by section 1, chapter 214, Laws of 1985 and RCW 28A.71.210 are each amended to read as follows:

The superintendent of public instruction is hereby empowered to administer funds now or hereafter appropriated for the conduct of in-service training programs for public school certificated and classified personnel and to supervise the conduct of such programs. The superintendent of public instruction shall adopt rules in accordance with chapter 34.04 RCW that provide for the allocation of such funds to public school district or educational service district applicants on such conditions and for such training programs as he or she deems to be in the best interest of the public school system: PROVIDED, That each district requesting such funds shall have:

(1) Conducted a district needs assessment, to be reviewed and updated at least every two years, of certificated and classified personnel to determine identified strengths and weakness of personnel that would be strengthened by such in-service training program;

(2) Established an in-service training task force and demonstrated to the superintendent of public instruction that the task force has participated in identifying in-service training needs and goals; and

(3) Demonstrated to the superintendent of public instruction its intention to implement the recommendations of the needs assessment and thereafter the progress it has made in providing in-service training as identified in the needs assessment.

The task force required by this section shall be composed of representatives from the ranks of administrators, building principals, teachers, classified and support personnel employed by the applicant school district or educational service district, from the public, and from an institution(s) of higher education, in such numbers as shall be established by the school district board of directors or educational service district ((~~board of directors~~)) superintendents.

Sec. 70. Section 2, chapter 419, Laws of 1985 and RCW 28A.71.220 are each amended to read as follows:

The superintendent of public instruction, the educational service district((s)) superintendents, and local school districts are encouraged to devise programs of in-service training for public school certificated and classified personnel who come into contact with students in grades kindergarten through twelve for the purpose of providing instruction on how to effectively teach children the skills to resist and report attempts to abuse them.

Sec. 71. Section 28B.40.380, chapter 223, Laws of 1969 ex. sess. as last amended by section 80, chapter 169, Laws of 1977 ex. sess. and RCW 28B.40.380 are each amended to read as follows:

In order to assist teachers in service, candidates for certificates, and others, The Evergreen State College shall establish and maintain an extension department. The work of the department may supplement the previous training of teachers in service and comprise subjects included in the state college curriculum, or otherwise.

In order to prevent overlapping of territory in connection with extension work, the state board of education shall make a definite assignment of territory to said institution: PROVIDED, That such assignment of territory shall not preclude any other contractual arrangements initiated by The Evergreen State College to carry out its duties under this section. The head of the extension department of the state college, after being assigned specific territory, shall cooperate with the several educational service district superintendents ((~~or educational executive officers of the educational service districts~~)) in making public the courses or seminars available for each year, such information being forwarded by the head of the extension department to the state superintendent of public instruction.

A report of the work accomplished by any such extension department during the preceding school year shall be made by the board of trustees upon request of the governor or any member of the legislature.

Sec. 72. Section 7, chapter 283, Laws of 1969 ex. sess. as last amended by section 3, chapter 182, Laws of 1980 and RCW 28B.50.551 are each amended to read as follows:

The board of trustees of each community college district shall adopt for each community college under its jurisdiction written policies on granting leaves to employees of the district and those colleges, including but not limited to leaves for attendance at official or private institutions and conferences; professional leaves for personnel consistent with the provisions of RCW 28B.10.650; leaves for illness, injury, bereavement and emergencies, and except as otherwise in this section provided, all with such compensation as the board of trustees may prescribe, except that the board shall grant to all such persons leave with full compensation for illness, injury, bereavement and emergencies as follows:

(1) For persons under contract to be employed, or otherwise employed, for at least three quarters, not more than twelve days per year, commencing with the first day on which work is to be performed; provisions of any contract in force on June 12, 1980, which conflict with requirements of this subsection shall continue in effect until contract expiration; after expiration, any new contract executed between the parties shall be consistent with this subsection;

(2) Such leave entitlement may be accumulated after the first three-quarter period of employment for full time employees, and may be taken at any time;

(3) Leave for illness, injury, bereavement and emergencies heretofore accumulated pursuant to law, rule, regulation or policy by persons presently employed by community college districts and community colleges shall be added to such leave accumulated under this section;

(4) Except as otherwise provided in this section or other law, accumulated leave under this section not taken at the time such person retires or ceases to be employed by community college districts or community colleges shall not be compensable;

(5) Accumulated leave for illness, injury, bereavement and emergencies under this section shall be transferred from one community college district or community college to another, to the state board for community college education, to the state superintendent of public instruction, to any educational service district office, to any school district, or to any other institutions of higher learning of the state; and

(6) Leave accumulated by a person in a community college district or community college prior to leaving that district or college may, under the policy of the board of trustees, be granted to such person when he returns to the employment of that district or college.

Sec. 73. Section 1, chapter 134, Laws of 1979 ex. sess. and RCW 39.33.070 are each amended to read as follows:

Any school district or educational service district office of the office of the superintendent of public instruction, after complying with the requirements of RCW 28A.02.110, and any library, as defined in RCW 27.12.010, may dispose of surplus or obsolete books, periodicals, newspapers, and other reading materials as follows:

(1) If the reading materials are estimated to have value as reading materials in excess of one thousand dollars, they shall be sold at public auction to the person submitting the highest reasonable bid following publication of notice of the auction in a newspaper with a general circulation in the library or school district.

(2) If no reasonable bids are submitted under subsection (1) of this section or if the reading materials are estimated to have value as reading materials of one thousand dollars or less, the library or school district may directly negotiate the sale of the reading materials to a public or private entity.

(3) If the reading materials are determined to have no value as reading materials or if no purchaser is found under subsection (2) of this section the reading materials may be recycled or destroyed.

These methods for disposing of surplus or obsolete reading materials shall be in addition to any other method available to libraries and school districts for disposal of the property.

Sec. 74. Section 2, chapter 227, Laws of 1984 as amended by section 2, chapter 13, Laws of 1985 and RCW 41.04.445 are each amended to read as follows:

(1) This section applies to all members without exception who are:

(a) Judges under the retirement system established under chapter 2.10 or 2.12 RCW;

(b) Employees of the state under the retirement system established by chapter 41.32, 41.40, or 43.43 RCW;

(d) ((~~Employees of educational service districts under the retirement system established by chapter 41.32 or 41.40 RCW; or~~

~~(e)~~)) Employees of community college districts under the retirement system established by chapter 41.32 or 41.40 RCW.

(2) Only for compensation earned after the effective date of the implementation of this section and as provided by section 414(h) of the federal internal revenue code, the employer of all the members specified in subsection (1) of this section shall pick up only those member contributions as required under:

(a) RCW 2.10.090(1);

(b) RCW 2.12.060;

(d) RCW 41.32.350;

(e) RCW 41.32.775;

(f) RCW 41.40.330 (1) and (3);

(g) RCW 41.40.650; and

(h) RCW 43.43.300.

(3) Only for the purposes of federal income taxation, the gross income of the member shall be reduced by the amount of the contribution to the respective retirement system picked up by the employer.

(4) All member contributions to the respective retirement system picked up by the employer as provided by this section, plus the accrued interest earned thereon, shall be paid to the member upon the withdrawal of funds or lump-sum payment of accumulated contributions as provided under the provisions of the retirement systems.

(5) At least forty-five days prior to implementing this section, the employer shall provide:

(a) A complete explanation of the effects of this section to all members; and

(b) Notification of such implementation to the director of the department of retirement systems.

Sec. 75. Section 3, chapter 256, Laws of 1979 ex. sess. as last amended by section 2, chapter 277, Laws of 1985 and RCW 48.62.030 are each amended to read as follows:

The governing body of any local governmental entity may, as an alternative or in addition to the establishment of a self-funded plan, a self-insurance reserve, or the purchasing of insurance, contract for or hire personnel to provide risk management, claims, and administrative services. Moneys made available and moneys expended by school districts and the superintendent of public instruction through the educational service district((s)) office for the purpose of implementing any provision of RCW 48.62.010 through 48.62.120 or RCW 36.16.138 shall be subject to such rules of the superintendent of public instruction as the superintendent may adopt governing the budgeting and accounting of such plan or reserves.

Sec. 76. Section 3, chapter 277, Laws of 1985 and RCW 48.62.035 are each amended to read as follows:

(1) School districts and the superintendent of public instruction through the educational service district((s)) offices may, either individually or in combination with other such districts, self-fund their employees' loss of time and health benefit plans if (1) the plans, their manner of operation, and the managers meet standards established by the superintendent of public instruction; and (2) the plan is fully covered by an excess loss insurance policy issued by an insurer which has a certificate authorizing it to provide insurance in this state. Self-funded plans shall also comply with the mandatory coverage provisions of chapter 48.44 RCW. Claims under such plans shall be administered by competent, disinterested third parties acting independently of all school districts and their personnel. Such a plan or any trust established thereunder shall not be deemed to be an insurance company and shall not be deemed to be engaged in the business of insurance for purposes of the insurance code.

(2) Any plan authorized by this section is not subject to chapter 48.42 RCW and shall be subject to audit by the state auditor.

Sec. 77. Section 4, chapter 256, Laws of 1979 ex. sess. as amended by section 1, chapter 278, Laws of 1985 andRCW 48.62.040 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, the governing body of any one or more local governmental entities may, as an alternative or in addition to exercising any one or more of the powers granted in RCW 48.62.030 and 36.16.138, as now or hereafter amended, or any other provision of law, form together into or join a pool or organization for the joint purchasing of insurance, and/or joint self-insuring, and/or joint hiring or contracting for risk management services to the same extent that they may individually purchase insurance, self-insure, or hire or contract for risk management services.

(2)(a) No organization of local governmental entities, other than local school districts and the superintendent of public instruction through the educational service district((s)) offices, that is organized under this section for the purpose of self-insuring shall provide any self-insurance other than liability insurance. For purposes of this section, liability insurance shall include but not be limited to coverage for claims arising from the tortious or negligent conduct of the local government entity, its officers, employees, or agents thereof, or any error or omission on the part of said local government entity, its officers, employees or agents thereof as a result of which a claim may be made against the local government entity.

(b) Local school districts and the superintendent of public instruction through the educational service district((s)) offices may not organize under this section for the purpose of providing joint self-insured life, health, health care, accident, disability and salary protection or insurance, or any combination thereof, to the district employees, students, directors, or any of their dependents.

(3) The agreement to form such a pooling arrangement shall be made under chapter 39.34 RCW. Any pool or organization authorized to be formed by this section shall be subject to audit by the state auditor.

Sec. 78. Section 8, chapter 256, Laws of 1979 ex. sess. as amended by section 5, chapter 277, Laws of 1985 and RCW 48.62.080 are each amended to read as follows:

(1) Any organization of local governmental entities that is organized under RCW 48.62.040 which is established for the purpose of jointly self-insuring may invest all or a portion of its assets by one or more of the following methods:

(a) Directly invest such assets itself; or

(b) Deposit such assets with the treasurer of any county within whose territorial limits any of its member local governmental entities lies, to be invested by such treasurer for the organization.

(2) Any organization of school districts or the superintendent of public instruction through the educational service district((s)) offices that is organized under RCW 48.62.035 which is established for the purpose of jointly self-funding may invest all or a portion of its assets by depositing such assets with the treasurer of any county within whose territorial limits any of its member districts lies, to be invested by such treasurer for the organization.

Sec. 79. Section 7, chapter 191, Laws of 1982 as amended by section 2, chapter 174, Laws of 1983 and RCW 51.14.150 are each amended to read as follows:

(1) Any two or more employers which are school districts or educational service district((s)) offices of the office of the superintendent of public instruction, (2) any two or more employers which are hospitals, as defined in RCW 70.39.020(3), and are owned or operated by a state agency or municipal corporation of this state, or (3) any two or more employers which are hospitals, as defined in RCW 70.39.020(3), no one of which is owned or operated by a state agency or municipal corporation of this state or subject to RCW 70.39.150(3), may enter into agreements to form self-insurance groups for the purposes of this chapter: PROVIDED, That no more than one group may be formed under subsection (2) of this section and no more than one group may be formed under subsection (3) of this section. The self-insurance groups shall be organized and operated under rules promulgated by the director under RCW 51.14.160. Such a self-insurance group shall be deemed an employer for the purposes of this chapter, and may qualify as a self-insurer if it meets all the other requirements of this chapter.

Sec. 80. Section 72.40.070, chapter 28, Laws of 1959 as last amended by section 22, chapter 378, Laws of 1985 and RCW 72.40.070 are each amended to read as follows:

It shall be the duty of each educational service district superintendent to make a full and specific report of visually or hearing impaired youth to the superintendent of the school for the blind or the school for the deaf, as the case may be and the superintendent of public instruction, annually. The superintendent of public instruction shall report about the hearing or visually impaired youth to the school for the blind and the school for the deaf, as the case may be, annually.

Sec. 81. Section 2, chapter 118, Laws of 1973 as last amended by section 29, chapter 378, Laws of 1985 and RCW 72.41.020 are each amended to read as follows:

There is hereby created a board of trustees for the state school for the blind to be composed of a resident from each of the state's congressional districts now or hereafter existing. Trustees with voting privileges shall be appointed by the governor with the consent of the senate. A representative of the parent-teachers association of the Washington state school for the blind, a representative of the Washington council of the blind, a representative of the national federation of the blind of Washington, a representative of the united blind of Washington state, one representative designated by the teacher association of the Washington state school for the blind, and a houseparent designated by the houseparents' exclusive bargaining representative shall each be ex officio and nonvoting members of the board of trustees and shall serve during their respective tenures in such positions.

Trustees shall be appointed by the governor to serve for a term of five years except that any person appointed to fill a vacancy occurring prior to the expiration of any term shall be appointed within sixty days of the vacancy and appointed only for the remainder of the term.

One trustee shall be a resident and qualified elector from each of the state's congressional districts. The board shall not be deemed to be unlawfully constituted and a trustee shall not be deemed ineligible to serve the remainder of the trustee's unexpired term on the board solely by reason of the establishment of new or revised boundaries for congressional districts. No voting trustee may be an employee of the state school for the blind, a member of the board of directors of any school district, a member of the governing board of any public or private educational institution, a school district or educational service district administrator or superintendent, appointed after July 1, 1986, or an elected officer or member of the legislative authority or any municipal corporation.

The board of trustees shall organize itself by electing a chairman from its members. The board shall adopt a seal and may adopt such bylaws, rules, and regulations as it deems necessary for its own government. A majority of the voting members of the board in office shall constitute a quorum, but a lesser number may convene from time to time and may compel the attendance of absent members in such manner as prescribed in its bylaws, rules, or regulations. The superintendent of the state school for the blind shall serve as, or may designate another person to serve as, the secretary of the board, who shall not be deemed to be a member of the board.

Sec. 82. Section 2, chapter 96, Laws of 1972 ex. sess. as last amended by section 33, chapter 378, Laws of 1985 and RCW 72.42.020 are each amended to read as follows:

There is hereby created a board of trustees for the state school for the deaf to be composed of a resident from each of the state's congressional districts. Trustees with voting privileges shall be appointed by the governor with the consent of the senate. The president of the parent-teachers house organization of the school for the deaf, a houseparent selected by the houseparents' exclusive bargaining representative, one representative designated by the teacher association of the school for the deaf, and the president of the Washington state association for the deaf shall each be ex officio and nonvoting members of the board of trustees and shall serve during their respective tenures in such positions.

One trustee shall be a resident and qualified elector from each of the state's congressional districts, as now or hereafter existing. The board shall not be deemed to be unlawfully constituted and a trustee shall not be deemed ineligible to serve the remainder of the trustee's unexpired term on the board solely by reason of the establishment of new or revised boundaries for congressional districts. No voting trustee may be an employee of the state school for the deaf, a member of the board of directors of any school district, a member of the governing board of any public or private educational institution, a school district or educational service district administrator or superintendent appointed after July 1, 1986, or an elected officer or member of the legislative authority of any municipal corporation.

The board of trustees shall organize itself by electing a chairperson, vice-chairperson, and secretary from its members. The board shall adopt a seal and may adopt such bylaws, rules, and regulations as it deems necessary for its own government. A majority of the voting members of the board in office shall constitute a quorum, but a lesser number may adjourn from time to time and may compel the attendance of absent members in such manner as prescribed in its bylaws, rules, or regulations.

NEW SECTION. Sec. 83. A new section is added to chapter 28A.24 RCW to read as follows:

In addition to other powers and duties, the superintendent of public instruction shall adopt rules and regulations governing the training and qualifications of school bus drivers. Such rules and regulations shall be designed to ensure that persons will not be employed to operate school buses unless they possess such physical health and driving skills as are necessary to operate school buses safely: PROVIDED, That such rules and regulations shall ensure that school bus drivers are provided a due process hearing before any certification required by such rules and regulations is cancelled: PROVIDED FURTHER, That such rules and regulations shall not conflict with the authority of the department of licensing to license school bus drivers in accordance with RCW 46.20.440 through 46.20.470.

NEW SECTION. Sec. 84. Educational service districts are hereby abolished and their powers, duties, and functions are hereby transferred to educational service district offices of the superintendent of public instruction. All references to educational service districts in the Revised Code of Washington shall be construed to mean educational service district offices of the superintendent of public instruction.

NEW SECTION. Sec. 85. All reports, documents, surveys, books, records, files, papers, or written material in the possession of educational service districts shall be delivered to the custody of educational service district offices of the superintendent of public instruction. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by educational service districts shall be made available to educational service district offices of the superintendent of public instruction. All funds, credits, or other assets held by educational service districts shall be assigned to educational service district offices of the superintendent of public instruction.

Any appropriations made to educational service districts shall, on the effective date of this act, be transferred and credited to educational service district offices of the superintendent of public instruction.

Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

NEW SECTION. Sec. 86. All classified employees of educational service districts are transferred to the jurisdiction of educational service district offices of the superintendent of public instruction. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to educational service district offices of the superintendent of public instruction to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

NEW SECTION. Sec. 87. All rules and all pending business before educational service districts shall be continued and acted upon by educational service district offices of the superintendent of public instruction. All existing contracts and obligations shall remain in full force and shall be performed by educational service district offices of the superintendent of public instruction.

NEW SECTION. Sec. 88. The transfer of the powers, duties, functions, and personnel of educational service districts shall not affect the validity of any act performed before the effective date of this act.

NEW SECTION. Sec. 89. If apportionments of budgeted funds are required because of the transfers directed by sections 85 through 88 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

NEW SECTION. Sec. 90. Nothing contained in sections 84 through 89 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

NEW SECTION. Sec. 91. The following acts or parts of acts are each repealed:

(1) Section 29, chapter 282, Laws of 1971 ex. sess., section 46, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.03.028;

(2) Section 28A.04.020, chapter 223, Laws of 1969 ex. sess., section 1, chapter 38, Laws of 1981 and RCW 28A.04.020;

(3) Section 28A.04.050, chapter 223, Laws of 1969 ex. sess., section 2, chapter 38, Laws of 1981 and RCW 28A.04.050;

(4) Section 28A.04.060, chapter 223, Laws of 1969 ex. sess., section 25, chapter 283, Laws of 1969 ex. sess., section 2, chapter 19, Laws of 1975, section 5, chapter 179, Laws of 1980, section 3, chapter 38, Laws of 1981 and RCW 28A.04.060;

(5) Section 1, chapter 19, Laws of 1975, section 6, chapter 179, Laws of 1980 and RCW 28A.04.065;

(6) Section 28A.04.070, chapter 223, Laws of 1969 ex. sess. and RCW 28A.04.070;

(7) Section 4, chapter 153, Laws of 1969 ex. sess., section 89, chapter 158, Laws of 1979, section 1, chapter 200, Laws of 1981 and RCW 28A.04.131;

(8) Section 30, chapter 282, Laws of 1971 ex. sess., section 51, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.04.145;

(9) Section 3, chapter 176, Laws of 1969 ex. sess., section 3, chapter 282, Laws of 1971 ex. sess., section 1, chapter 75, Laws of 1974 ex. sess., section 3, chapter 275, Laws of 1975 1st ex. sess., section 14, chapter 283, Laws of 1977 ex. sess. and RCW 28A.21.030;

(10) Section 4, chapter 75, Laws of 1974 ex. sess., section 5, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.21.0303;

(11) Section 5, chapter 75, Laws of 1974 ex. sess., section 6, chapter 275, Laws of 1975 1st ex. sess., section 19, chapter 283, Laws of 1977 ex. sess. and RCW 28A.21.0304;

(12) Section 6, chapter 75, Laws of 1974 ex. sess., section 7, chapter 275, Laws of 1975 1st ex. sess., section 20, chapter 283, Laws of 1977 ex. sess. and RCW 28A.21.0305;

(13) Section 7, chapter 75, Laws of 1974 ex. sess., section 8, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.21.0306;

(14) Section 15, chapter 283, Laws of 1977 ex. sess. and RCW 28A.21.031;

(15) Section 16, chapter 283, Laws of 1977 ex. sess. and RCW 28A.21.032;

(16) Section 17, chapter 283, Laws of 1977 ex. sess., section 7, chapter 179, Laws of 1980 and RCW 28A.21.033;

(17) Section 18, chapter 283, Laws of 1977 ex. sess. and RCW 28A.21.034;

(18) Section 4, chapter 282, Laws of 1971 ex. sess., section 8, chapter 75, Laws of 1974 ex. sess., section 9, chapter 275, Laws of 1975 1st ex. sess., section 21, chapter 283, Laws of 1977 ex. sess. and RCW 28A.21.035;

(19) Section 5, chapter 282, Laws of 1971 ex. sess., section 10, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.21.037;

(20) Section 5, chapter 176, Laws of 1969 ex. sess., section 7, chapter 282, Laws of 1971 ex. sess., section 12, chapter 275, Laws of 1975 1st ex. sess., section 22, chapter 283, Laws of 1977 ex. sess. and RCW 28A.21.050;

(21) Section 6, chapter 176, Laws of 1969 ex. sess., section 8, chapter 282, Laws of 1971 ex. sess., section 13, chapter 275, Laws of 1975 1st ex. sess., section 68, chapter 34, Laws of 1975-'76 2nd ex. sess., section 3, chapter 283, Laws of 1977 ex. sess. and RCW 28A.21.060;

(22) Section 14, chapter 282, Laws of 1971 ex. sess., section 19, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.21.092;

(23) Section 15, chapter 282, Laws of 1971 ex. sess., section 9, chapter 75, Laws of 1974 ex. sess., section 20, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.21.095;

(24) Section 10, chapter 176, Laws of 1969 ex. sess., section 16, chapter 282, Laws of 1971 ex. sess., section 10, chapter 75, Laws of 1974 ex. sess., section 21, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.21.100;

(25) Section 14, chapter 176, Laws of 1969 ex. sess., section 22, chapter 282, Laws of 1971 ex. sess., section 31, chapter 275, Laws of 1975 1st ex. sess., section 4, chapter 56, Laws of 1983 and RCW 28A.21.140;

(26) Section 17, chapter 176, Laws of 1969 ex. sess., section 21, chapter 282, Laws of 1971 ex. sess., section 33, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.21.170;

(27) Section 21, chapter 176, Laws of 1969 ex. sess., section 36, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.21.200;

(28) Section 22, chapter 176, Laws of 1969 ex. sess. and RCW 28A.21.210;

(29) Section 5, chapter 283, Laws of 1977 ex. sess. and RCW 28A.21.350;

(30) Section 6, chapter 283, Laws of 1977 ex. sess. and RCW 28A.21.355;

(31) Section 6, chapter 182, Laws of 1980, section 9, chapter 341, Laws of 1985 and RCW 28A.21.360;

(32) Section 1, chapter 4, Laws of 1979 and RCW 28A.26.010; and

(33) Section 28A.48.030, chapter 223, Laws of 1969 ex. sess., section 109, chapter 176, Laws of 1969 ex. sess., section 68, chapter 275, Laws of 1975 1st ex. sess., section 5, chapter 56, Laws of 1983 and RCW 28A.48.030.

NEW SECTION. Sec. 92. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.