WSR 09-10-050

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

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

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-07-041.

Title of Rule and Other Identifying Information: Chapter 392-109 WAC, State board of education -- Election of 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 9:30 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 a state board of education position, that one person would be designated to the position.

Statutory Authority for Adoption: RCW 28A.305.102.

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-2359.1


AMENDATORY SECTION(Amending WSR 05-22-007, filed 10/20/05, effective 11/20/05)

WAC 392-109-065   Candidates -- Eligibility -- Filing.   (1) Eligibility: A person is eligible to be a candidate for only one position on the state board of education at a time.

(a) A candidate for a vacancy among the five positions on the state board elected by members of public school boards of directors must be a resident of the region represented by the position and meet the other qualifications established by RCW 28A.305.102; and

(b) A candidate for a vacancy in the position on the state board elected by private schools must be a resident of the state of Washington and meet the other qualifications established by RCW 28A.305.102.

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

(a) The declaration and affidavit of candidacy form provided for in WAC 392-109-070; and

(b) The biographical data form provided for in WAC 392-109-075: Provided, That a declarant may elect not to submit biographical data.

(3) Filing period: The filing period for candidates for any position on the state board of education elected by either public or approved private school boards of directors shall be no less than seven days in duration and occur a minimum of sixty days prior to election and shall be included on the election timeline. Declarations not received by 5:00 p.m. on the indicated date will not be included on the certified list of candidates.

(4) Filing deadline: The filing deadline for candidacy shall be 5:00 p.m. on the date included on the election timeline.

(5) OSPI may, at its discretion, designate a candidate who runs unopposed for a position on the state board of education as the winner for that position without going through a balloting process.

[Statutory Authority: Chapter 28A.305 RCW and ESSB 5732. 05-22-007, 392-109-065, filed 10/20/05, effective 11/20/05. Statutory Authority: RCW 28A.305.020. 96-08-001 (Order 96-05), 392-109-065, filed 3/21/96, effective 4/21/96. Statutory Authority: 1990 c 33. 90-16-002 (Order 18), 392-109-065, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.04.020. 82-16-037 (Order 82-7), 392-109-065, filed 7/28/82; 80-07-038 (Order 80-20), 392-109-065, filed 6/17/80.]

Washington State Code Reviser's Office