HOUSE BILL REPORT

                  HB 1176

                       As Passed House

                      February 14, 1991

Title:  An act relating to school districts' boards of directors.

Brief Description:  Specifying timing and voting on filling school board vacancies.

Sponsor(s):  Representatives Leonard, Holland, Peery, Brough, Cole, Forner, Rayburn, Vance, Brumsickle, Jones, Miller, Fuhrman, Phillips, Winsley, Paris and Betrozoff.

Brief History:

  Reported by House Committee on:

Education, February 4, 1991, DP.

HOUSE COMMITTEE ON

EDUCATION

Majority Report: Do pass.  Signed by 17 members:  Representatives Peery, Chair; G. Fisher, Vice Chair; Brough, Ranking Minority Member; Betrozoff; Broback; Brumsickle; Cole; Dorn; Holland; P. Johnson; Jones; Neher; Orr; Phillips; Rasmussen; Roland; and H. Sommers.

Staff:  Susan Kirkpatrick (786-7291).

Background:  RCW 28A.315.530 governs the procedure regarding vacancies on a school board and provides as follows:

"In case of a vacancy from any cause on the board of directors of a school district ... a majority of the legally established number of board members shall fill such vacancy by appointment...."

The RCW does not specifically prohibit a school board member who has announced a resignation, thereby creating a vacancy, from voting on the selection of the successor to his or her position.  There was a recent court case in King County in which a resigning board member's authority to vote on the selection of his successor was raised.

Summary of Bill:  A school board director who has submitted a resignation is prohibited from voting on the selection of his or her replacement.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  Expressly prohibiting a board member who has announced his or her resignation to take effect at a later date from voting on his or her successor will clarify this issue and may prevent future litigation.

Testimony Against:  None.

Witnesses:  Dwayne Slate, Washington State School Directors' Association (in favor).