WSR 03-14-117

EMERGENCY RULES

STATE BOARD OF EDUCATION


[ Filed June 30, 2003, 4:40 p.m. , effective August 19, 2003 ]

Date of Adoption: June 20, 2003.

Purpose: To amend State Board of Education policy, WAC 180-24-00701, 180-24-215, and 180-24-220.

Citation of Existing Rules Affected by this Order: Amending WAC 180-24-00701, 180-24-215, and 180-24-220.

Statutory Authority for Adoption: Chapter 28A.315 RCW.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Necessary rule adoption as a result of the passage of SB 5437 School District Regional Committee.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 3, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: August 19, 2003.

June 30, 2003

Larry Davis

Executive Director

OTS-6508.1


AMENDATORY SECTION(Amending WSR 99-24-125, filed 12/1/99, effective 1/1/00)

WAC 180-24-00701   Regional committee decision making criteria.   (1) The regional committee shall give consideration to all of the following criteria when reviewing the proposed transfer of territory:

(a) ((Annual school performance reports)) Student educational opportunities (see RCW 28A.315.205 (4)(a) for full text);

(b) Safety and welfare of pupils (see RCW 28A.315.205 (4)(b) for full text);

(c) History and relationship of the property affected to the students and communities affected (see RCW 28A.315.205 (4)(c) for full text);

(d) Geographic accessibility (see RCW 28A.315.205 (4)(d) for full text);

(e) Disparities in per pupil valuation, economies of operation and transportation costs (see RCW 28A.315.205 (4)(e) for full text); and

(f) Other criteria or considerations as may be established in rule by the state board of education. (RCW 28A.315.015 (2)(e)).

(2) Under RCW 28A.315.195(2) the boundaries of the school districts affected by a proposed change in school district organization shall be contiguous to one another.

(3) Under RCW 28A.315.205 (4)(a), every element of the annual school performance report shall be considered and no one element shall be given undue weight in comparison to any other element.

(4) Under RCW 28A.315.205(4), "geographic accessibility" includes, but is not limited to, consideration of the following factors:

(a) Mountains, hills, valleys, wasteland, and related geographic and man-made features, which either enhance or impede travel.

(b) Rivers, lakes, canals, and other natural or man-made waterways and bodies of water, which either enhance or impede travel.

(c) The extent and nature of roads, highways, ferries, and traffic patterns.

(d) Climatic conditions.

(e) Time required to travel to and from school.

[Statutory Authority: 1999 c 315, partial veto and chapter 28A.315 RCW. 99-24-125, 180-24-00701, filed 12/1/99, effective 1/1/00.]


AMENDATORY SECTION(Amending WSR 99-24-125, filed 12/1/99, effective 1/1/00)

WAC 180-24-215   Superintendent of public instruction staff review of regional committee proposals--When.   Pursuant to RCW 28A.315.205(5), when a decision of a regional committee ((to approve a proposed transfer of territory)) is appealed to the state board of education, staff of the office of superintendent of public instruction, prior to the appeal hearing, shall be responsible for:

(1) Collecting from the applicable educational service district superintendent the written record of the approved transfer proposal and providing a copy of the written record to the state board of education;

(2) Reviewing the written record and, at the superintendent's discretion, providing to the state board the staff's judgment as to whether the regional committee failed to follow the applicable statutory and regulatory procedures or acted in an arbitrary and capricious manner.

[Statutory Authority: 1999 c 315, partial veto and chapter 28A.315 RCW. 99-24-125, 180-24-215, filed 12/1/99, effective 1/1/00.]


AMENDATORY SECTION(Amending WSR 99-24-125, filed 12/1/99, effective 1/1/00)

WAC 180-24-220   Action by state board of education--When.   Pursuant to RCW 28A.315.205(5), the state board of education shall act on a proposed transfer of territory only when there is an appeal to the board of a decision of a regional committee ((to approve a proposed transfer of territory)).

[Statutory Authority: 1999 c 315, partial veto and chapter 28A.315 RCW. 99-24-125, 180-24-220, filed 12/1/99, effective 1/1/00.]

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