WSR 09-10-049

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed May 1, 2009, 10:23 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-07-042.

Title of Rule and Other Identifying Information: Chapter 392-107 WAC, Educational service district -- Election of board members.

Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Old Capitol Building, 600 Washington Street, Olympia, WA 98504, on June 19, 2009, at 9:00 a.m.

Date of Intended Adoption: June 20, 2009.

Submit Written Comments to: Charles Schreck, P.O. Box 47200, Olympia, WA 98504-7200, e-mail Charles.Schreck@k12.wa.us, fax (360) 725-6130, by June 18, 2009.

Assistance for Persons with Disabilities: Contact Penny Coker by June 18, 2009, TTY (360) 664-3631 or (360) 725-6133.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed rule is to revise the rules on unopposed positions and the balloting process. If only one person files a declaration and affidavit of candidacy for an educational service district board position, that one person would be designated to the position.

Statutory Authority for Adoption: RCW 28A.310.080.

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

Name of Proponent: [OSPI], governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Charles Schreck, OSPI, (360) 725-6130; and Enforcement: Martin Mueller, OSPI, (360) 725-6130.

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

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

May 1, 2009

Randy I. Dorn

Superintendent of

Public Instruction

OTS-2358.1


AMENDATORY SECTION(Amending WSR 06-14-009, filed 6/22/06, effective 6/22/06)

WAC 392-107-215   Candidate qualifications -- Forms -- Filing -- Withdrawal of candidacy.   (1) Eligibility. A person is eligible to be a candidate for membership on an educational service district board if he or she is a registered voter and a resident of the board-member district for which the candidate files. Restriction on other service pursuant to RCW 28A.310.070.

(2) Declaration and affidavit of candidacy. A person who desires to file for candidacy shall complete and file with the state board of education a declaration and affidavit of candidacy form as a condition to having his or her name placed on the official ballot. The form is available through the state board of education office in Olympia or through the local educational service district office.

(3) Optional biographical form. A person who desires to file for candidacy has the option of completing and filing with the state board of education, for inclusion with balloting information, a biographical form not to exceed two pages. The form is available through the state board of education office in Olympia or through the local educational service district office.

(4) Filing period. The filing period is set forth under RCW 28A.310.080. The filing period for candidates for any position on an educational service district board is from September 1st through September 16th. Any declaration and affidavit of candidacy that is postmarked on or before midnight September 16th and received by mail prior to the printing of ballots shall be accepted. Any declaration and affidavit of candidacy that is received by United States mail on or before 5:00 p.m. September 21st and is not postmarked or legibly postmarked shall be accepted.

(5) Any candidate may withdraw his or her declaration and affidavit of candidacy by delivering a written, signed and notarized statement of withdrawal to the secretary to the state board of education on or before 5:00 p.m. September 21st. A candidate's failure to withdraw as prescribed above shall result in the inclusion of the candidate's name on the appropriate election ballot.

(6) OSPI may, at its discretion, designate a candidate who runs unopposed for a position on the educational service district board as the winner for that position without going through a balloting process.

[Statutory Authority: 2006 c 263. 06-14-009, recodified as 392-107-215, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.310.020, 28A.210.080. 02-18-052, 180-22-215, filed 8/28/02, effective 9/28/02.]

Washington State Code Reviser's Office