WSR 99-24-125

PERMANENT RULES

STATE BOARD OF EDUCATION


[ Filed December 1, 1999, 11:04 a.m. ]

Date of Adoption: October 29, 1999.

Purpose: Chapter 180-24 WAC, School district organization, amend and repeal current rules governing changes in school district boundaries to implement passage of 1999 legislation.

Citation of Existing Rules Affected by this Order: Repealing chapter 180-24 WAC; and amending chapter 180-24 WAC.

Statutory Authority for Adoption: Chapter 315, Laws of 1999, partial veto; E2SHB 1477, chapter 28A.315 RCW.

Adopted under notice filed as WSR 99-19-151 on September 22, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 20, Amended 13, Repealed 22.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 20, Amended 13, Repealed 22.

Number of Sections Adopted Using Negotiated Rule Making: New 20, Amended 13, Repealed 22; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

December 1, 1999

Larry Davis

Executive Director

OTS-3431.3

Part A

General
AMENDATORY SECTION(Amending WSR 90-17-009, filed 8/6/90, effective 9/6/90)

WAC 180-24-003
Authority.

The general authority for this chapter is RCW 28A.305.130(((9) which authorizes the state board of education to carry out powers and duties relating to the organization and reorganization of school districts under chapter 28A.315 RCW.  This authority is supplemented by the following specific statutes:

(1) RCW 28A.305.150 which requires the state board of education to prescribe regulations governing the classification and numbering system of school districts;

(2) RCW 28A.315.120 which authorizes the state board of education to establish standards and considerations to be utilized by regional committees and the state board of education for approval of proposals for changes in the organization of school districts, including any equitable adjustment of the assets and liabilities of the districts involved in the reorganization;

(3) RCW 28A.315.060 which empowers the state board of education to establish regulations for the conduct of elections for membership on regional committees)) (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), and 28A.315.205(3).

[Statutory Authority: 1990 c 33.  90-17-009, 180-24-003, filed 8/6/90, effective 9/6/90.  Statutory Authority: RCW 28A.04.120(9). 87-04-059 (Order 1-87), 180-24-003, filed 2/4/87.]


AMENDATORY SECTION(Amending WSR 90-17-009, filed 8/6/90, effective 9/6/90)

WAC 180-24-007
Purpose and policy of chapter.

(1) The purpose of this chapter is ((to set forth policies and procedures of the state board of education related to the implementation of its authority pursuant to chapter 28A.315 RCW, Organization and reorganization of school districts, and its related authority within RCW 28A.305.150 pertaining to the classification and numbering of school districts)) the same as set forth under RCW 28A.315.015(1).

(2) It is the policy of the state that decisions on changes in school district boundaries should be made by the affected districts whenever possible. When this is not possible the decision shall be made by the appropriate regional committee on school district organization consistent with the following policies:

(a) A balance of local petition requests and the needs of the state-wide community at-large in a manner that advances the best interest of public education (see RCW 28A.315.015 (2)(a) for full text);

(b) Contributing to logical service boundaries (see RCW 28A.315.015 (2)(b) for full text);

(c) Enhancing the educational opportunities of pupils (see RCW 28A.315.015 (2)(c) for full text); and

(d) Promoting a wiser use of public funds (see RCW 28A. 315.015 (2)(d) for full text).

[Statutory Authority: 1990 c 33.  90-17-009, 180-24-007, filed 8/6/90, effective 9/6/90.  Statutory Authority: RCW 28A.04.120(9). 87-04-059 (Order 1-87), 180-24-007, filed 2/4/87.]


NEW SECTION
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 (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.

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NEW SECTION
WAC 180-24-009
Constitutional and statutory framework.

See RCW 28A.315.005.

[]

Part B

Regional Committees on School District Organization
NEW SECTION
WAC 180-24-105
Election of regional committee members -- Applicable provisions.

In addition to the provisions of RCW 28A.315.105 through 28A.315.145, the provisions of WAC 180-24-105 through 180-24-190 shall apply to the election of regional committee members.

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AMENDATORY SECTION(Amending Order 1-87, filed 2/4/87)

WAC 180-24-110
((Organizational impact statement -- Format.

The organizational impact statement required by WAC 180-24-101 shall address for each of the considerations enumerated in WAC 180-24-016 and 180-24-017 the following questions:

(1) Is there sufficient evidence to determine with reasonable certainty, the positive and negative effects of the proposal organization as related to the stated consideration?

(2) If yes, what are those positive and/or negative effects?

(3) What significance do the positive and/or negative effects have on the determination of whether the proposed organization makes a satisfactory improvement in the school district system?))

[Statutory Authority: RCW 28A.04.120(9).  87-04-059 (Order 1-87), 180-24-110, filed 2/4/87.]


AMENDATORY SECTION(Amending WSR 90-17-009, filed 8/6/90, effective 9/6/90)

WAC 180-24-115
((Report of regional committee to state board of education.

Upon conclusion of the regional committee's favorable consideration for a change in the organization and extent of school districts, the regional committee shall transmit to the state board of education a report which contains all information required by RCW 28A.315.110 and the following additional information:

(1) The factual basis as to why the regional committee concluded that the proposed change in organization made a satisfactory improvement in the school district system;

(2) The factual basis as to why the regional committee concluded that the proposed adjustment in the assets and liabilities of the school districts affected would be equitable;

(3) A list of the public hearings held to consider the aforementioned proposals;

(4) A copy of the organizational impact statement required by WAC 180-24-101.))

[Statutory Authority: 1990 c 33.  90-17-009, 180-24-115, filed 8/6/90, effective 9/6/90.  Statutory Authority: RCW 28A.04.120(9). 87-04-059 (Order 1-87), 180-24-115, filed 2/4/87.]


AMENDATORY SECTION(Amending WSR 90-17-009, filed 8/6/90, effective 9/6/90)

WAC 180-24-120
((Superintendent of public instruction review of regional committee proposals.

Reports of regional committees, pursuant to WAC 180-24-115, shall be reviewed by the superintendent of public instruction for compliance with the provisions of this chapter.  The superintendent of public instruction shall present to the state board of education the results of such review as well as recommended action to be taken by the state board of education in response to the regional committee's report.  The superintendent of public instruction's recommendations shall be made prior to final action by the state board of education pursuant to RCW 28A.315.140.))

[Statutory Authority: 1990 c 33.  90-17-009, 180-24-120, filed 8/6/90, effective 9/6/90.  Statutory Authority: RCW 28A.04.120(9). 87-04-059 (Order 1-87), 180-24-120, filed 2/4/87.]


AMENDATORY SECTION(Amending WSR 90-17-009, filed 8/6/90, effective 9/6/90)

WAC 180-24-125
((State board of education standards for determining whether a regional committee report for organization is satisfactory.

The considerations to be utilized by the state board of education in determining whether or not to approve the recommendation of a regional committee pursuant to RCW 28A.315.140 shall include but not be limited to the following:

(1) Compliance by the regional committee with the applicable provisions of chapter 28A.315 RCW and the implementing regulations of the state board of education;

(2) Sufficiency of the factual basis reported by the regional committee for its conclusion that the proposed change in the organization made a satisfactory improvement in the school system;

(3) Validity of the conclusion by the regional committee that the factual basis supported a conclusion that the proposed change in organization made a satisfactory improvement in the school district system.))

[Statutory Authority: 1990 c 33.  90-17-009, 180-24-125, filed 8/6/90, effective 9/6/90.  Statutory Authority: RCW 28A.04.120(9). 87-04-059 (Order 1-87), 180-24-125, filed 2/4/87.]


AMENDATORY SECTION(Amending WSR 90-17-009, filed 8/6/90, effective 9/6/90)

WAC 180-24-130
((State board of education standards for determining whether a regional committee report for adjustment of assets and liabilities is equitable.

The considerations to be utilized by the state board of education in determining whether a regional committee report for adjustment of assets pursuant to RCW 28A.315.140 and liabilities is equitable include but are not necessarily limited to the following:

(1) Compliance by the regional committee with the applicable provisions of chapter 28A.315 RCW, particularly the equity considerations stated in RCW 28A.315.110(2), and the implementing regulations of the state board of education;

(2) Sufficiency of the factual basis reported by the regional committee for its conclusion that the proposed plan for adjustment of assets and liabilities is equitable;

(3) Validity of the conclusion by the regional committee that the factual basis supported a conclusion that the proposed plan for the adjustment of assets and liabilities is equitable.))

[Statutory Authority: 1990 c 33.  90-17-009, 180-24-130, filed 8/6/90, effective 9/6/90.  Statutory Authority: RCW 28A.04.120(9). 87-04-059 (Order 1-87), 180-24-130, filed 2/4/87.]


NEW SECTION
WAC 180-24-135
Election of regional committee members -- Declaration and affidavit of candidacy form.

The declaration and affidavit of candidacy which each candidate is required to substantially complete and to file as a condition to having his or her name placed on an official ballot shall be as follows:

I, . . . . . . . . , solemnly swear (or affirm): That I reside within the boundary of Educational Service District No. . . . . . . . . , within the boundary of regional committee member district No. . . . . . . . . , and am a registered voter of the same regional committee member district; That I am aware that, if elected, I cannot concurrently serve as 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, an officer appointed by any such governing board, an employee of a school district, an employee of an educational service district, an employee of the office of the superintendent of public instruction, an employee of a private school, or an employee of a private school district; and That I hereby declare myself a candidate for membership on Educational Service District No. . . . . . . . . Regional Committee on school district organization for a term of four years beginning the second Monday in January, 19. . . , subject to the election to be held pursuant to law and I request that my name be listed on the ballot therefor.

Further, I solemnly swear (or affirm) that I will support the Constitution and laws of the state of Washington.
(Signed) . . . . . . . . . . . .
Address: . . . . . . . . . . . .
. . . . . . . . . . . .
SUBSCRIBED and sworn (or affirmed) to before me this . . . . . . . . . . day of. . . . . . . . , 19. . .
. . . . . . . . . . . .

NOTARY PUBLIC in and for the state of Washington, residing at

. . . . . . . . . . . .

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AMENDATORY SECTION(Amending WSR 90-17-009, filed 8/6/90, effective 9/6/90)

WAC 180-24-140
((Disapproval action by state board of education.

If the state board of education, pursuant to RCW 28A.315.140, judges that the regional committee's proposal for a change in the organization and extent of districts is unsatisfactory or that its proposal for adjustment of assets and liabilities is inequitable, the state board of education shall state the reasons for its action and return the proposal to the regional committee pursuant to RCW 28A.315.140.  In the event the proposal is rejected a second time by the state board of education following its resubmission, the rejection shall be final unless otherwise qualified by the board.))

[Statutory Authority: 1990 c 33.  90-17-009, 180-24-140, filed 8/6/90, effective 9/6/90.  Statutory Authority: RCW 28A.04.120(9). 87-04-059 (Order 1-87), 180-24-140, filed 2/4/87.]


NEW SECTION
WAC 180-24-145
Election of regional committee members -- Withdrawal of candidacy.

(1) Any candidate may withdraw his or her declaration of candidacy by delivering a written, signed and notarized statement of withdrawal to the educational service district superintendent on or before 5:00 p.m. October twentieth.  A candidate's failure to withdraw as prescribed above shall result in the inclusion of the candidate's name on the appropriate election ballot.

(2) A regional committee member district position shall be stricken from the ballot if no candidate files for the position within the timelines specified in WAC 180-24-130.

(3) Board-member district positions which become vacant after the call of election specified in WAC 180-24-125 shall be filled by appointment by the regional committee pursuant to RCW 28A.315.135 and the appointee shall serve until his or her successor has been elected at the next election called by the educational service district superintendent.

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NEW SECTION
WAC 180-24-150
Election of regional committee members -- Ballots -- Contents.

Ballots shall be prepared by the educational service district superintendent.  The ballot for the position subject to election pursuant to this chapter shall contain the names of each candidate eligible for the position.  There shall be a separate listing of the candidates for each regional committee member district open in the particular educational service district.  The educational service district superintendent shall develop voting instructions which shall accompany the ballots.

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NEW SECTION
WAC 180-24-155
Election of regional committee members -- Ballots and envelopes -- Mailing to voters.

(1) On or before November first ballots shall be mailed to voters together with two envelopes to be used for voting.  The outer and larger envelope (i.e., official ballot envelope) shall:

(a) Be labeled "official ballot";

(b) Be preaddressed with the educational service district superintendent as addressee;

(c) Have provision for prepaid postage; and

(d) Have provision for the identification of the voter, mailing address, his or her school district, and educational service district.

The inner and smaller envelope shall be unlabeled and unmarked.

(2) One ballot and two envelopes to be used for voting purposes and pertinent instructions for voting purposes shall be mailed to each member of a public school district board of directors as certified by the educational service district superintendent pursuant to WAC 180-24-145.

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NEW SECTION
WAC 180-24-160
Election of regional committee members -- Voting -- Marking and return of ballots.

(1) The election shall be conducted in strict accordance with the requirements of RCW 28A.315.125.

(2) Marking of ballots.  Each member of a public school district board of directors may vote for one of the candidates in each regional committee district named on his or her ballot by placing an "X," or other mark, in the space provided next to the name of a candidate.

(3) Return of ballots.  Each member of a public school district board of directors shall complete voting by:

(a) Placing his or her marked official ballot in the smaller, unmarked envelope and sealing the same;

(b) Placing the smaller envelope containing the ballot in the larger preaddressed envelope marked "official ballot" and sealing the same;

(c) If not already designated, completing the following information on the face of the official ballot envelope: Name, mailing address, identification of school district, and educational service district;

(d) Placing the official ballot envelope in the United States mail to the superintendent of the educational service district.

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NEW SECTION
WAC 180-24-165
Election of regional committee members -- Election board -- Appointment and composition.

In each election the educational service district board shall appoint a three member election board and at least one alternate who shall serve in the absence of a regular member of the election board.  Votes cast at elections conducted pursuant to this chapter shall be counted by the educational service district superintendent or his or her designee and the election board.

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NEW SECTION
WAC 180-24-170
Election of regional committee members -- Receipt of ballots and count of votes.

(1) As official ballot envelopes are received by the educational service district superintendent, a preliminary determination shall be made as to the eligibility of the voter, and a record shall be made on a list of eligible voters that the voter has voted.  Official ballot envelopes not submitted in compliance with this chapter and other envelopes containing ballots shall be set aside for a final review and acceptance or rejection by the election board.

(2) The election board shall convene for the purpose of counting votes after November twenty-first and not later than November twenty-fifth or the next business day if the twenty-fifth falls on a Saturday, Sunday, or legal holiday at a date, time and place designated by the educational service district superintendent.  Official ballot envelopes that are accepted by the election board shall be opened, and the inner envelopes containing ballots shall be removed and placed aside, still sealed.  The inner envelopes shall then be opened and the votes counted by the election board.

(3) No record shall be made or maintained of the candidate for which any voter cast his or her vote.

(4) Each vote cast shall count as one full vote, and a candidate shall be elected by a majority of the total votes cast for all candidates for the particular position.

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NEW SECTION
WAC 180-24-175
Election of regional committee members -- Ineligible votes.

The following ballots and votes shall be declared void and shall not be accepted:

(1) Votes for write-in candidates;

(2) Votes cast on other than an official ballot provided pursuant to this chapter;

(3) Ballots which contain a vote for more than one candidate in a regional committee member district;

(4) Ballots contained in other than an official ballot envelope provided pursuant to this chapter;

(5) Ballots contained in an official ballot envelope upon which the voter's name is not designated;

(6) Ballots received after 5:00 p.m. November sixteenth: Provided, That any ballot that is postmarked on or before midnight November sixteenth and received prior to the initial counting of votes by the election board shall be accepted: Provided further, That any ballot received pursuant to the United States mail on or before 5:00 p.m. on November twenty-first that is not postmarked or legibly postmarked shall also be accepted; and

(7) Such other ballots or votes as the election board shall determine to be unidentifiable or unlawful.

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NEW SECTION
WAC 180-24-180
Election of regional committee members -- Recount of votes cast -- Automatic or by request.

(1) Automatic.  A recount of votes cast shall be automatic if the difference between any two viable candidates for the same position is one vote or less than one percent of votes cast for the position, whichever is greater.  For the purpose of this section, the term viable candidate shall mean any candidate whose election outcome could be changed if the difference noted above were added to his or her total votes.

(2) Upon request.  A recount of votes cast shall be afforded any candidate as a matter of right: Provided, That the request shall be made in writing and received by the educational service district superintendent within seven calendar days after the date upon which the votes were counted by the election board.

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NEW SECTION
WAC 180-24-185
Election of regional committee members -- Certification of election.

Within ten calendar days after the date upon which the votes were counted, the educational service district superintendent shall officially certify to the superintendent of public instruction the name or names of the candidate(s) elected to membership on the regional committee.

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NEW SECTION
WAC 180-24-190
Election of regional committee members -- Run off elections.

(1) If no candidate receives a majority of the votes cast, then, not later than the first day of December, the educational service district superintendent shall call a second election to be conducted in the same manner as the first election and at which the candidates shall be the two candidates receiving the highest and next highest number of votes cast.  No vote cast at such second election shall be received for counting if postmarked after the sixteenth day of December, or if not postmarked or the postmark is not legible, if received by mail after 5:00 p.m. of the twenty-first day of December.  Votes cast at the second election shall be counted in accordance with WAC 180-24-165 through 180-24-180 prior to the second Monday of January next following.  The candidate receiving a majority of the votes cast at any such second election shall be declared elected.

(2) In the event of a tie in such second election, the candidate elected shall be determined by a chance drawing of a nature established by the educational service district superintendent.

[]


NEW SECTION
WAC 180-24-195
Notification to superintendent of public instruction of regional committee meetings.

The secretary of each regional committee -- i.e., the educational service district superintendent -- shall notify the superintendent of public instruction of all meetings of the regional committee called pursuant to RCW 28A.315.100 and all proposals pursuant to RCW 28A.315.110.

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NEW SECTION
WAC 180-24-197
Regional committee responsibility -- Assistance of superintendent of public instruction.

The superintendent of public instruction shall assist the regional committees by providing technical assistance, training, and other support the state superintendent deems necessary or as may be requested by the regional committee.

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Part C

Transfer of Territory
AMENDATORY SECTION(Amending WSR 90-17-009, filed 8/6/90, effective 9/6/90)

WAC 180-24-205
((Classification system of school districts.)) Transfer of territory--Procedures and timelines.

(((1) Authority.  The authority for this section is RCW 28A.305.150 which authorizes the state board of education to establish the classification system for school districts.

(2) Purpose.  The purpose of this section is to set forth the definitions for the classification of a school district as either a high school or a nonhigh school district.

(3) High school district.  A high school district is one which conducts a ninth through twelfth grade program for district residents eligible to enroll therein which:

(a) Has been approved by the state board of education as may be required by RCW 28A.305.130(7); and

(b) Meets the basic education program requirements set forth in chapter 180-16 WAC.

(4) Nonhigh school district.  A nonhigh school district is one that is not classified as a high school district under subsection (3) of this section.

(5) Applicability.  The classifications of school districts established in subsections (3) and (4) of this section shall apply for the purposes of chapter 28A.545 RCW, RCW 84.52.0531, and the application of other laws under which a district's classification as either a high school or nonhigh school district is material.)) The procedures and timelines governing proposed transfers of territory shall be governed by the provisions of RCW 28A.315.195 through 28A.315.215.

[Statutory Authority: 1990 c 33.  90-17-009, 180-24-205, filed 8/6/90, effective 9/6/90.  Statutory Authority: RCW 28A.04.130 and 28A.04.120(9).  89-22-005, 180-24-205, filed 10/20/89, effective 11/20/89.]


NEW SECTION
WAC 180-24-210
Adjustment of assets and liabilities--Considerations.

In determining an equitable adjustment of assets and liabilities, the negotiating school districts, the regional committees, and the state board of education shall consider the factors under RCW 28A.315.245.

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NEW SECTION
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.

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NEW SECTION
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.

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AMENDATORY SECTION(Amending WSR 90-17-009, filed 8/6/90, effective 9/6/90)

WAC 180-24-305
Election of regional committee members -- Election officer.

In accordance with RCW ((28A.315.060)) 28A.315.125, the educational service district superintendent shall serve as the election officer for the coordination and conduct of the election of members of the respective regional committees of the educational service districts.

[Statutory Authority: 1990 c 33.  90-17-009, 180-24-305, filed 8/6/90, effective 9/6/90.  Statutory Authority: RCW 28A.04.120(9). 87-04-059 (Order 1-87), 180-24-305, filed 2/4/87.]


AMENDATORY SECTION(Amending WSR 94-13-018, filed 6/3/94, effective 7/4/94)

WAC 180-24-310
Election of regional committee members -- Dissolution -- Position numbers -- Initial elections -- Regular elections -- Terms of office.

(1) Elections for members of regional committees shall be conducted within the time periods noted in WAC ((180-24-312 through 180-24-380)) 180-24-120 through 180-24-190.  ((The term of office of each regional committee member and position shall expire as of the second Monday of January 1995.  Each regional committee member position shall therefore be open for election purposes in 1994.))

(2) Regional committee member position numbers shall be assigned by the educational service district superintendent for purposes of all elections held pursuant to RCW ((28A.315.060)) 28A.315.125.  For ((the initial election conducted pursuant to RCW 28A.315.030 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, three, five, seven, and nine shall be for a term of two years, positions two, four, six, and eight shall be for a term of four years.  ((Following the initial election,))

(3) Regular elections of regional committee members shall be conducted in ((subsequent)) even-numbered years for four-year terms and until their successors are certified as elected: Provided, That whenever a change in the number of educational service districts or board members occurs, a new regional committee shall be elected for each affected educational service district at the next regular election.

(4) Those regional committee members serving within an educational service district affected by the change 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 regional committee has been elected and certified at the next regular election.

[Statutory Authority: RCW 28A.305.130(10), 28A.315.010(1) and 1993 c 416.  94-13-018, 180-24-310, filed 6/3/94, effective 7/4/94.  Statutory Authority: RCW 28A.04.120(9).  87-04-059 (Order 1-87), 180-24-310, filed 2/4/87.]


AMENDATORY SECTION(Amending WSR 94-13-018, filed 6/3/94, effective 7/4/94)

WAC 180-24-312
Election of regional committee members -- Tentative certification of electors.

(1) On September twenty-first of each even-numbered year, or if such date is a Saturday, Sunday, or holiday, the state working day immediately preceding such date, the educational service district superintendent shall certify a tentative list of electors consisting of all persons eligible to vote, per RCW ((28A.315.060)) 28A.315.125, if the election were held on that date.

(2) The list of eligible voters as authorized by RCW 28A.315.125(x) shall remain open for changes until 5:00 p.m. October twenty-sixth or, in the event such date is a Saturday, Sunday, or holiday, until 5:00 p.m. the working day immediately following such date. The educational service district superintendent as soon thereafter as is practical shall certify the list of electors.

[Statutory Authority: RCW 28A.305.130(10), 28A.315.010(1) and 1993 c 416.  94-13-018, 180-24-312, filed 6/3/94, effective 7/4/94.  Statutory Authority: 1990 c 33.  90-17-009, 180-24-312, filed 8/6/90, effective 9/6/90.  Statutory Authority: RCW 28A.04.120(9). 87-04-059 (Order 1-87), 180-24-312, filed 2/4/87.]


AMENDATORY SECTION(Amending WSR 94-13-018, filed 6/3/94, effective 7/4/94)

WAC 180-24-320
Election of regional committee members -- Candidates -- Eligibility -- Filing.

(1) Eligibility.  A person is eligible to be a candidate for membership on the regional committee if he or she is a registered voter and a resident of the committee member district for which the candidate files.  Eligibility((, due to other service,)) is restricted pursuant to RCW ((28A.315.050)) 28A.315.115.

(2) Forms for filing.  A person who desires to be a candidate shall complete:

(a) The declaration of candidacy and affidavit form provided for in WAC ((180-24-325)) 180-24-135; and

(b) The biographical data form provided for in WAC ((180-24-327)) 180-24-140: Provided, That a declarant may elect not to submit biographical data.

(3) Filing period.  The filing period for candidates for a position on a regional committee is from October first through October fifteenth of each even-numbered year.  Any declaration of candidacy that is not received by the educational service district superintendent on or before 5:00 p.m. October fifteenth shall not be accepted and such a declarant shall not be a candidate: Provided, That any declaration that is postmarked on or before midnight October fifteenth and received by mail on or before 5:00 p.m. October twentieth shall be accepted: Provided further, That any declaration received pursuant to the United States mail on or before 5:00 p.m. October twentieth that is not postmarked or legibly postmarked shall also be accepted.

[Statutory Authority: RCW 28A.305.130(10), 28A.315.010(1) and 1993 c 416.  94-13-018, 180-24-320, filed 6/3/94, effective 7/4/94.  Statutory Authority: 1990 c 33.  90-17-009, 180-24-320, filed 8/6/90, effective 9/6/90.  Statutory Authority: RCW 28A.04.120(9). 87-04-059 (Order 1-87), 180-24-320, filed 2/4/87.]


NEW SECTION

The following sections of the Washington Administrative Code are recodified as follows:


Old WAC Number New WAC Number
180-24-305 180-24-110
180-24-310 180-24-115
180-24-312 180-24-120
180-24-315 180-24-125
180-24-320 180-24-130
180-24-327 180-24-140

REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 180-24-008 Constitutional and statutory framework.
WAC 180-24-013 State policy -- The preferred four-part test.
WAC 180-24-016 Factors pertaining to geographic accessibility.
WAC 180-24-017 Factors pertaining to operational efficiency.
WAC 180-24-021 Statutory framework for implementation of modification in school district organization.
WAC 180-24-080 Notification to superintendent of public instruction of regional committee meetings.
WAC 180-24-101 Organizational impact statement -- Requirement.
WAC 180-24-102 Regional committee responsibility -- Assistance of superintendent of public instruction.
WAC 180-24-112 Adjustment of assets and liabilities considerations.
WAC 180-24-200 Numbering system of school districts.
WAC 180-24-300 Election of regional committee members -- Applicable provisions.
WAC 180-24-325 Election of regional committee members -- Declaration and affidavit of candidacy form.
WAC 180-24-330 Election of regional committee members -- Withdrawal of candidacy.
WAC 180-24-340 Election of regional committee members -- Ballots -- Contents.
WAC 180-24-345 Election of regional committee members -- Ballots and envelopes -- Mailing to voters.
WAC 180-24-350 Election of regional committee members -- Voting -- Marking and return of ballots.
WAC 180-24-355 Election of regional committee members -- Election board -- Appointment and composition.
WAC 180-24-360 Election of regional committee members -- Receipt of ballots and count of votes.
WAC 180-24-365 Election of regional committee members -- Ineligible votes.
WAC 180-24-370 Election of regional committee members -- Recount of votes cast -- Automatic -- By request.
WAC 180-24-375 Election of regional committee members -- Certification of election.
WAC 180-24-380 Election of regional committee members -- Run off elections.

Washington State Code Reviser's Office