Effective Date of Rule: Thirty-one days after filing.

     Purpose: This rule change will eliminate the need for special elections whenever a vacancy occurs from any cause whatsoever, among members elected by public school boards of directors and private school elected members on the state board of education. This will allow an individual appointed by the remaining state board of education public school board members and private school advisory committee to fill the unexpired term and then the appointed person could decide to run or not once the term expires.

     Citation of Existing Rules Affected by this Order: Amending WAC 392-109-120.

     Statutory Authority for Adoption: Chapter 28A.305 RCW.

      Adopted under notice filed as WSR 10-19-047 on October 27 [September 13], 2010.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: October 27, 2010.

Randy Dorn

State Superintendent

of Public Instruction

OTS-3599.3

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

WAC 392-109-120   Vacancies and ((special elections)) appointments.   (1) Whenever a vacancy among members elected by public school boards of directors occurs on the state board of education, from any cause whatsoever, it shall be the duty of the remaining members representing public school boards of directors to fill such vacancy by appointment, subject to full board approval. The appointment shall be consistent with the appropriate regional position being vacated((, and)). The person so appointed shall continue in office until ((his or her successor has been specially elected)) the term expires. The appointed person has the option to step down or run for reelection consistent with RCW 28A.305.021 at the time the term expires.

     (2) Whenever a vacancy of the approved private school elected member occurs on the state board of education, from any cause whatsoever, it shall be the duty of the private school advisory committee to fill such vacancy ((consistent with qualifications in RCW 28A.305.102 and)) by appointment consistent with RCW 28A.305.011. The person so appointed shall continue in office until ((his or her successor has been specially elected.

     (3) When a vacancy occurs, the superintendent of public instruction shall include such a position in the call of election the following year; a special election to be held in the same manner as other elections provided for in this chapter, at which election a successor shall be elected to hold office for the unexpired term of the member whose position was vacated.

     (4) Special elections provided for in RCW 28A.305.102 shall be conducted in accordance with this chapter)) the term expires. The appointed person has the option to step down or run for election consistent with RCW 28A.305.021 at the time the term expires.

[Statutory Authority: Chapter 28A.305 RCW and ESSB 5732. 05-22-007, § 392-109-120, filed 10/20/05, effective 11/20/05. Statutory Authority: RCW 28A.305.020. 96-08-001 (Order 96-05), § 392-109-120, filed 3/21/96, effective 4/21/96. Statutory Authority: 1990 c 33. 90-16-002 (Order 18), § 392-109-120, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.04.020. 80-07-038 (Order 80-20), § 392-109-120, filed 6/17/80.]

© Washington State Code Reviser's Office