WSR 03-18-063

PROPOSED RULES

STATE BOARD OF EDUCATION


[ Filed August 28, 2003, 4:46 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-12-037.

Title of Rule: WAC 180-24-00701 Regional committee decision making criteria, 180-24-215 Superintendent of Public Instruction staff review of regional committee proposals -- When, and 180-24-220 Action by State Board of Education -- When.

Purpose: To amend language to comply [with] SB 5437, an act relating to appeals to the State Board of Education of decisions made by the regional committees on school district organization. It is necessary to make related adjustments to the affected state board policies to bring them in to alignment with the statutory changes.

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

Summary: Comply with new statute passed during the 2003 legislative session.

Reasons Supporting Proposal: Law compliance.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, (360) 725-6024.

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: This rule addresses school district proposed transfer of territory. The amendments indicate that a decision of a regional committee can be appealed to the State Board of Education and the state board can act on a proposed transfer of territory only when there is an appeal to the board of a decision by a regional committee.

Proposal Changes the Following Existing Rules: A decision by a regional committee can be appealed to the State Board of Education; and the state board can act on a proposed territory only when there is an appeal to the board of a decision by a regional committee.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

RCW 34.05.328 does not apply to this rule adoption. Not applicable.

Hearing Location: Edmonds School District, 20420 68th Avenue West, Lynnwood, WA 98036-7400, on October 23, 2003, at 8:30 a.m.

Assistance for Persons with Disabilities: Contact Laura Moore by October 9, 2003, TTY (360) 664-3631 or (360) 725-6027.

Submit Written Comments to: Rules Coordinator, State Board of Education, P.O. Box 47206, Olympia, WA 98504-7206, fax (360) 586-2357, by October 9, 2003.

Date of Intended Adoption: October 24, 2003.

August 25, 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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