WSR 05-15-139

PROPOSED RULES

STATE BOARD OF EDUCATION


[ Filed July 19, 2005, 2:26 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-12-112.

Title of Rule and Other Identifying Information: Chapter 180-24 WAC, School district organization.

Hearing Location(s): Educational Service District 123, 3918 West Court Street, Pasco, WA 98301, on August 25, 2005, at 8:30 a.m.

Date of Intended Adoption: August 26, 2005.

Submit Written Comments to: Larry Davis, Executive Director, P.O. Box 47206, Olympia, WA 98504-7206, e-mail ldavis@ospi.wednet.edu, fax (360) 586-2357, by August 10, 2005.

Assistance for Persons with Disabilities: Contact Laura Moore, Executive Assistant, by August 10, 2005, TTY (360) 664-3631 or (360) 725-6025.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed revisions to chapter 180-24 WAC clarify the process to be used in transferring of territory from one school district to another.

Reasons Supporting Proposal: The proposed changes will clarify language.

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

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

Name of Proponent: State Board of Education, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, Washington, (360) 725-6025.

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

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

July 19, 2005

Larry Davis

Executive Director

OTS-8104.2


AMENDATORY SECTION(Amending WSR 03-23-040, filed 11/12/03, effective 12/13/03)

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) 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), "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.

(4) In considering student educational opportunities under subsection (1)(a) of this section, the regional committee shall not consider one set of test scores, alone, as a sufficient basis to make a judgment about student educational opportunities. Test scores in the districts affected by the proposed transfer of territory shall be looked at in context, including over time and by disaggregating the scores by student subgroups.

(5) In considering geographic accessibility under subsection (1)(d) of this section, the regional committee shall make one judgment on geographic accessibility, regardless of how many individual components may apply to the particular transfer of territory petition.

(6) Each regional committee shall use the same criterion checklist included in the Lay Persons's Guide to School District Boundaries and published on the state board of education and superintendent of public instruction web sites.

(7) If a regional committee needs to continue a public hearing or schedule more than one additional hearing on a proposed transfer of territory, each such hearing is subject to public notice requirements.

(8) Regional committees shall use the decision format (motion) included in the Lay Person's Guide to School District Boundaries and published on the state board of education and superintendent of public instruction web sites.

[Statutory Authority: Chapter 28A.315 RCW. 03-23-040, 180-24-00701, filed 11/12/03, effective 12/13/03. 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 180-24-195   Notification to ((superintendent of public instruction)) state board of education of regional committee meetings.   The secretary of each regional committee -- i.e., the educational service district superintendent -- shall notify the ((superintendent of public instruction)) state board of education of all meetings of the regional committee ((called pursuant to RCW 28A.315.100 and all proposals pursuant to RCW 28A.315.110)).

[Statutory Authority: 1999 c 315, partial veto and chapter 28A.315 RCW. 99-24-125, 180-24-195, filed 12/1/99, effective 1/1/00.]


NEW SECTION
WAC 180-24-207   Transfer of territory -- Other district requirements.   (1) At least one member of each school board whose district is affected by a proposed transfer of territory must be part of the respective district's negotiating team.

(2)(a) Upon reaching a decision recommendation through the district-to-district negotiation process on a proposed transfer of territory, the negotiating parties shall produce, at a minimum, a written summary of the recommendation, including rationale for the recommendation, and submit to the respective affected school district boards of directors.

(b) Each school board of directors shall adopt at a public meeting of the board a written resolution indicating whether the board approves or disapproves the recommendation on the proposed transfer of territory. The resolution format included in the Lay Person's Guide to School District Boundaries and published on the state board of education and superintendent of public instruction web sites shall be used.

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NEW SECTION
WAC 180-24-209   Transfer of territory -- Sufficiency of written record for appeal to state board of education -- Referral of case back to regional committee.   (1) A written transcript of the regional committee hearing shall be considered a sufficient record for purposes of appeal to the state board of education. Such transcript must clearly include evidence that the regional committee considered all the facts presented. The transcript must also demonstrate that the regional committee applied the facts against the required statutory and regulatory criteria.

(2) When referring a transfer of territory case back to the originating regional committee, the state board of education will make every effort to submit the written referral within fourteen days of its decision.

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

WAC 180-24-210   Adjustment of assets and liabilities--Considerations.   (1) In determining an equitable adjustment of assets and liabilities, the negotiating school districts((,)) and the regional committees((, and the state board of education)) shall consider the factors under RCW 28A.315.245.

(2) A regional committee is authorized to phase in the adjustment of assets and liabilities over a period not less than two years nor more than eight years. This authorization is subject to the annual March 1 deadline for taxing districts to establish the taxing boundaries and rates for the ensuing tax collection year.

[Statutory Authority: 1999 c 315, partial veto and chapter 28A.315 RCW. 99-24-125, 180-24-210, filed 12/1/99, effective 1/1/00.]


NEW SECTION
WAC 180-24-213   Student enrollment effective under approved transfer of territory.   When a proposed transfer of territory has finally been approved, students in the affected territory may begin attending the appropriate school in the next logical term within the school year or beginning with the next school year, as determined by the parent(s) or legal guardian(s) of the student.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 180-24-215 Superintendent of public instruction staff review of regional committee proposals--When.

Washington State Code Reviser's Office