WSR 99-07-065



[ Filed March 17, 1999, 10:49 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-04-083.

Title of Rule: WAC 180-22-150 Educational service districts--Criteria for organization.

Purpose: To do one or more of the following, as deemed appropriate: Make technical adjustments, clarify existing provisions, repeal unnecessary working [wording], repeal provisions unsupported by rule-making authority, or provide greater flexibility or discretion to persons or entities subject to the rules.

Statutory Authority for Adoption: RCW 28A.310.020.

Summary: See Purpose above.

Reasons Supporting Proposal: See Purpose above.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, (360) 753-6715.

Name of Proponent: State Board of Education

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

Explanation of Rule, its Purpose, and Anticipated Effects: The technical change to WAC 180-22-150(1), provides more appropriate language by removing ((the handicapped)) and adding students with disabilities and students who are educationally talented ...

Proposal Changes the Following Existing Rules: See Explanation of Rule above.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Chautauqua Lodge, 304 14th Street North, Longbeach, WA, on May 5, 1999, at 2:00 p.m.

Assistance for Persons with Disabilities: Contact Carolyn Berger by April 20, 1999, TDD (360) 664-3631, or (360) 753-6715.

Submit Written Comments to: Rules Coordinator, State Board of Education, P.O. Box 47206, Olympia, WA 98504-7206, fax (360) 586-2357, by April 20, 1999.

Date of Intended Adoption: May 5, 1999.

March 16, 1999

Larry Davis

Executive Director


AMENDATORY SECTION(Amending WSR 98-05-003, filed 2/4/98, effective 3/7/98)

WAC 180-22-150
Educational service districts--Criteria for organization.

The establishment of educational service districts shall be in accordance with the criteria hereinafter set forth.  In making a determination of the boundaries of an educational service district, reasonable weight shall be given to each criterion individually and to all criteria collectively.  Failure to meet any single criterion shall not necessarily prohibit the establishment of an educational service district if in the judgment of the state board of education the establishment of the educational service district is warranted by a collective consideration of all the criteria.

(1) Program and staff.  An educational service district shall have the ability to support an administrative unit of sufficient staff to provide a program of educational services including but not limited to leadership and consultant services in administration and finance, in-service education programs for teachers and administrators, special services for ((the handicapped)) students with disabilities and students who are educationally talented, planning of school facilities, counseling and guidance, instructional materials, and development of projects and proposals under various federal acts.

(2) Size.  An educational service district should have no more than a maximum area of 7,500 square miles, nor should an educational district have less than a minimum area of 1,700 square miles.

(3) School enrollment.  An educational service district shall have a potential of 15,000 students within the clearly foreseeable future.

(4) Topography and climate.  In establishing the boundaries of an educational service district, consideration shall be given to topography and climate as these factors may affect the educational services to be provided and the economic efficiency of the program.

[Statutory Authority: RCW 28A.310.020.  98-05-003, 180-22-150, filed 2/4/98, effective 3/7/98.  Statutory Authority: RCW 28A.21.020.  84-21-001 (Order 9-84), 180-22-150, filed 10/4/84; Order 4-77, 180-22-150, filed 6/2/77; Order 3-69, 180-22-150, filed 6/27/69; Emergency Order 1-69, filed 5/1/69.]

Washington State Code Reviser's Office