H-1388

AN ACT Relating to election of school board directors in first class school districts having within their boundaries a city with a population of four hundred thousand people or more in class AA counties; amending RCW 28A.315.450, 28A.315.570, 28A.315.630, 28A.315.670, 28A.315.680; reenacting and amending RCW 28A.315.110 and 28A.315.670; repealing 1990 c 59 s 72; providing an effective date; providing an expiration date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 28A.315.110 and 1990 c 161 s 2 and 1990 c 33 s 298 are each reenacted and amended to read as follows:

The powers and duties of each regional committee shall be:

(1) To initiate, on its own motion and whenever it deems such action advisable, proposals or alternate proposals for changes in the organization and extent of school districts in the educational service district; to receive, consider, and revise, whenever in its judgment revision is advisable, proposals initiated by petition or presented to the committee by the educational service district superintendent as provided for in this chapter; to prepare and submit to the state board any of the aforesaid proposals that are found by the regional committee to provide for satisfactory improvement in the school district system of the educational service district and state; to prepare and submit with the aforesaid proposals, a map showing the boundaries of existing school districts affected by any proposed change and the boundaries, including a description thereof, of each proposed new school district or of each existing school district as enlarged or diminished by any proposed change, or both, and a summary of the reasons for the proposed change; and such other reports, records, and materials as the state board may request. The committee may utilize as a basis of its proposals and changes that comprehensive plan for changes in the organization and extent of the school districts of the county prepared and submitted to the state board prior to September 1, 1956, or, if the then county committee found, after considering the factors listed in RCW 28A.315.120, that no changes in the school district organization of the county were needed, the report to this effect submitted to the state board.

(2) (a) To make an equitable adjustment of the property and other assets and of the liabilities, including bonded indebtedness and excess tax levies as otherwise authorized under this section, as to the old school districts and the new district or districts, if any, involved in or affected by a proposed change in the organization and extent of the school districts; and (b) to make an equitable adjustment of the bonded indebtedness outstanding against any of the aforesaid districts whenever in its judgment such adjustment is advisable, as to all of the school districts involved in or affected by any change heretofore or hereafter effected; and (c) to provide that territory transferred from a school district by a change in the organization and extent of school districts shall either remain subject to, or be relieved of, any one or more excess tax levies which are authorized for the school district under RCW 84.52.053 before the effective date of the transfer of territory from the school district; and (d) to provide that territory transferred to a school district by a change in the organization and extent of school districts shall either be made subject to, or be relieved of, any one or more excess tax levies which are authorized for the school district under RCW 84.52.053 before the effective date of the transfer of territory to the school district; and (e) to submit to the state board the proposed terms of adjustment and a statement of the reasons therefor in each case. In making the adjustments herein provided for, the regional committee shall consider the number of children of school age resident in and the assessed valuation of the property located in each school district and in each part of a district involved or affected; the purpose for which the bonded indebtedness of any school district was incurred; the value, location, and disposition of all improvements located in the school districts involved or affected; and any other matters which in the judgment of the committee are of importance or essential to the making of an equitable adjustment.

(3) To hold and keep a record of a public hearing or public hearings (a) on every proposal for the formation of a new school district or for the transfer from one existing district to another of any territory in which children of school age reside or for annexation of territory when the conditions set forth in RCW 28A.315.290 or 28A.315.320 prevail; and (b) on every proposal for adjustment of the assets and of the liabilities of school districts provided for in this chapter. Three members of the regional committee or two members of the committee and the educational service district superintendent may be designated by the committee to hold any public hearing that the committee is required to hold. The regional committee shall cause notice to be given, at least ten days prior to the date appointed for any such hearing, in one or more newspapers of general circulation within the geographical boundaries of the school districts affected by the proposed change or adjustment. In addition notice may be given by radio and television, or either thereof, when in the committee's judgment the public interest will be served thereby.

(4) To approve the boundaries of director districts in first class school districts having within their boundaries a city with a population of four hundred thousand people or more in class AA counties, under RCW 28A.315.670 and 28A.315.680 and to divide ((~~into five school directors' districts~~)) all other first and second class school districts now in existence and not heretofore so divided and all first and second class school districts hereafter established((: PROVIDED, That no first or second class school district shall be divided into directors' districts and no second class school district shall be divided into a combination of no fewer than three directors' districts nor more than two directors at large, unless a majority of the registered voters voting thereon at an election shall approve a proposition authorizing the division of the district in such manner. The boundaries of each directors' district shall be so established that each such district shall comprise as nearly as practicable an equal portion of the population of the school district)) into school directors' districts under RCW 28A.315.590.

(5) Except as provided in RCW 28A.315.670 regarding first class school districts having within their boundaries a city with a population of four hundred thousand people or more in class AA counties, to rearrange at any time the committee deems such action advisable in order to correct inequalities caused by changes in population and changes in school district boundaries, the boundaries of any of the directors' districts of any school district heretofore or hereafter so divided: PROVIDED, That a petition therefor, shall be required for rearrangement in order to correct inequalities caused by changes in population. Said petition shall be signed by at least ten registered voters residing in the aforesaid school district, and shall be presented to the educational service district superintendent. A public hearing thereon shall be held by the regional committee, which hearing shall be called and conducted in the manner prescribed in subsection (3) of this section.

(6) To prepare and submit to the superintendent of public instruction from time to time or, upon his or her request, reports and recommendations respecting the urgency of need for school plant facilities, the kind and extent of the facilities required, and the development of improved local school administrative units and attendance areas in the case of school districts that seek state assistance in providing school plant facilities.

Sec. 2. RCW 28A.315.450 and 1980 c 35 s 1 are each amended to read as follows:

The governing board of a school district shall be known as the board of directors of the district.

Unless otherwise specifically provided, as in RCW 29.13.060, each member of a board of directors shall be elected by ballot by the registered voters of the school district and shall hold office for a term of four years and until a successor is elected and qualified. Terms of school directors shall be staggered, and insofar as possible, not more than a majority of one shall be elected to full terms at any regular election. In case a member or members of a board of directors are to be elected to fill an unexpired term or terms, the ballot shall specify the term for which each such member is to be elected.

Except for a school district of the first class having within its boundaries a city with a population of four hundred thousand people or more in class AA counties which shall have a board of directors of ((~~seven~~)) nine members, the board of directors of every school district of the first class or school district of the second class shall consist of five members.

Sec. 3. RCW 28A.315.570 and 1990 c 33 s 318 are each amended to read as follows:

Any first class school district having a board of directors of five members as provided in RCW 28A.315.450 and which elects directors for a term of six years under the provisions of RCW 29.13.060 shall cause the office of at least one director and no more than two directors to be up for election at each regular school district election held hereafter and, except as provided in RCW 28A.315.680, any first class school district having a board of directors of ((~~seven~~)) nine members as provided in RCW 28A.315.450 shall cause the office of ((~~two~~)) four directors and no more than ((~~three~~)) five directors to be up for election at each regular school district election held hereafter.

Sec. 4. RCW 28A.315.630 and 1990 c 33 s 323 are each amended to read as follows:

Upon the establishment of a new school district of the first class having within its boundaries a city with a population of four hundred thousand people or more in class AA counties, the directors of the largest former first class district and three directors representative of the other former first class districts selected by a majority of the board members of the former first class districts and two directors representative of former second class districts selected by a majority of the board members of former second class districts shall meet at the call of the educational service district superintendent and shall constitute the board of directors of the new district. Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all the powers and duties conferred by law upon boards of first class districts, until the next regular school election and until their successors are elected and qualified. Such duties shall include establishment of new director districts as provided for in RCW 28A.315.670. At the next regular school election ((~~seven~~)) nine directors shall be elected ((~~by director districts, two for a term of two years, two for a term of four years and three for a term of six years~~)) with the following initial terms: The five directors to be elected by each district shall be elected to four-year terms and the four directors to be elected at-large shall be elected to two-year terms. Thereafter their terms shall be as provided in RCW 28A.315.460.

Vacancies once such a board has been reconstituted shall not be filled unless the number of remaining board members is less than ((~~seven~~)) nine, and such vacancies shall be filled in the manner otherwise provided by law.

Sec. 5. RCW 28A.315.670 and 1990 c 33 s 327 are each amended to read as follows:

(1) Notwithstanding any other provision of law, any school district of the first class having within its boundaries a city with a population of four hundred thousand people or more in class AA counties shall be divided into ((~~seven~~)) five director districts. The boundaries of such director districts shall be established by the members of the school board and approved by the ((~~county committee on school district organization~~)) regional committee, such boundaries to be established so that each such district shall comprise, as nearly as practicable, an equal portion of the population of the school district. Boundaries of such director districts shall be adjusted by the school board and approved by the ((~~county~~)) regional committee after each federal decennial census if population change shows the need thereof to comply with the equal population requirement ((above. No person shall be eligible for the position of school director in any such director district unless such person resides in the particular director district. Residents in the particular director district desiring to be a candidate for school director shall file their declarations of candidacy for such director district and for the position of director in that district and shall be voted upon in the primary election by the registered voters of that particular director district: PROVIDED, That if not more than one person files a declaration of candidacy for the position of school director in any director district, no primary election shall be held in that district, and such candidate's name alone shall appear on the ballot for the director district position at the general election. The name of the person who receives the greatest number of votes and the name of the person who receives the next greatest number of votes at the primary for each director district position shall appear on the general election ballot under such position and shall be voted upon by all the registered voters in the school district. Except as provided in RCW 28A.315.680, every such director so elected in school districts divided into seven director districts shall serve for a term of four years as otherwise provided in RCW 28A.315.460)) in this subsection.

(2) Beginning with the elections in 1991, the school board of any school district of the first class having within its boundaries a city with a population of four hundred thousand people or more in class AA counties shall consist of nine directors, selected as follows:

(a) Five directors shall be nominated by director district. No person is eligible for the position of school director under this subsection unless he or she resides in the particular director district. Residents in the particular director district desiring to be candidates for the position of school director shall file their declarations of candidacy for that director district and for the position of director in that district and shall be voted upon in the primary by the registered voters of that particular director district. If not more than one person files a declaration of candidacy for the position of school director in any director district, no primary may be held in that district, and that candidate's name alone shall appear on the ballot for the director district position at the general election. The name of the person who receives the greatest number of votes and the name of the person who receives the next greatest number of votes at the primary for each director district position shall appear on the general election ballot under the position. At the general election, the candidates shall be voted upon by all the registered voters in the school district.

(b) Four directors shall be nominated and elected at-large by all of the registered voters in the school district. No person is eligible for the position of school director under this subsection unless the person resides in the school district. Residents in the school district desiring to be candidates for the position of school director shall file their declarations of candidacy for the position of director at-large in that district in accordance with RCW 28A.315.470 and shall be voted upon in the primary by all of the registered voters of the school district. If not more candidates than positions available file a declaration of candidacy for the position of school director in the school district, no primary election shall be held in that district, and such candidates' names alone shall appear on the ballot for the director position at the general election. The name of the person who receives the greatest number of votes and the name of the person who receives the next greatest number of votes at the primary for each at-large position shall appear on the general election ballot. In the general election, the candidates shall be voted upon by all of the registered voters in the school district.

(3) Except as provided in RCW 28A.315.680, every director elected or appointed under this section shall serve for a term of four years as provided in RCW 28A.315.460.

Sec. 6. RCW 28A.315.670 and 1990 c 59 s 99 and 1990 c 33 s 327 are each reenacted and amended to read as follows:

(1) Notwithstanding any other provision of law, any school district of the first class having within its boundaries a city with a population of four hundred thousand people or more in class AA counties shall be divided into ((~~seven~~)) five director districts. The boundaries of such director districts shall be established by the members of the school board and approved by the ((~~county committee on school district organization~~)) regional committee, such boundaries to be established so that each such district shall comprise, as nearly as practicable, an equal portion of the population of the school district. Boundaries of such director districts shall be adjusted by the school board and approved by the ((~~county~~)) regional committee after each federal decennial census if population change shows the need thereof to comply with the equal population requirement ((above. No person shall be eligible for the position of school director in any such director district unless such person resides in the particular director district. Residents in the particular director district desiring to be a candidate for school director shall file their declarations of candidacy for such director district and for the position of director in that district and shall be voted upon, in any primary required to be held for the position under Title 29 RCW, by the registered voters of that particular director district. In the general election, each position shall be voted upon by all the registered voters in the school district. The order of the names of candidates shall appear on the primary and general election ballots as required for nonpartisan positions under Title 29 RCW. Except as provided in RCW 28A.315.680, every such director so elected in school districts divided into seven director districts shall serve for a term of four years as otherwise provided in RCW 28A.315.460)) in this subsection.

(a) Three directors shall be nominated by director district. No person is eligible for the position of school director under this subsection unless he or she resides in the particular director district. Residents in the particular director district desiring to be candidates for the position of school director shall file their declarations of candidacy for that director district and for the position of director in that district in accordance with RCW 28A.315.470 and shall be voted upon in any primary required to be held for the position under Title 29 RCW, by the registered voters of that particular director district. In the general election, each position shall be voted upon by all the registered voters in the school district. The order of the names of candidates shall appear on the primary and general election ballots as required for nonpartisan positions under Title 29 RCW.

(b) Three directors shall be nominated and elected at-large by all of the registered voters in the school district. No person is eligible for the position of school director under this subsection unless the person resides in the school district. Residents in the school district desiring to be candidates for the position of school director shall file their declarations of candidacy for the position of director at-large in that district in accordance with RCW 28A.315.470 and shall be voted upon in any primary required to be held for the position under Title 29 RCW, by the registered voters of the school district. The order of the names of candidates shall appear on the primary and general election ballots as required for nonpartisan positions under Title 29 RCW. In the general election, the candidates shall be voted upon by all of the registered voters in the school district.

(3) Except as provided in RCW 28A.315.680, every director elected or appointed under this section shall serve for a term of four years as provided in RCW 28A.315.460.

Sec. 7. RCW 28A.315.680 and 1990 c 33 s 328 are each amended to read as follows:

((Within thirty days after March 25, 1969, the school boards of any school district of the first class having within its boundaries a city with a population of four hundred thousand people or more in class AA counties shall establish the director district boundaries and obtain approval thereof by the county committee on school district organization. Appointment of a board member to fill any vacancy existing for a new director district prior to the next regular school election shall be by the school board. Prior to the next regular election in the school district and the filing of declarations of candidacy therefor, the incumbent school board shall designate said director districts by number. Directors appointed to fill vacancies as above provided shall be subject to election, one for a six-year term, and one for a two-year term and thereafter the term of their respective successors shall be for four years. The term of office of incumbent members of the board of such district shall not be affected by RCW 28A.315.450, 28A.315.460, 28A.315.570, 28A.315.670, 28A.315.680, 29.21.180, and 29.21.210.))

Before June 30, 1991, the school boards of any school district of the first class having within its boundaries a city with a population of four hundred thousand people or more in class AA counties shall establish five new director district boundaries and obtain approval of the boundaries by the regional committee. At the next regular election in 1991: The five directors to be elected by each district shall be elected to four-year terms and the four directors to be elected at-large shall be elected to two-year terms. Thereafter the terms of their respective successors shall be four years.

NEW SECTION. Sec. 8. 1990 c 59 s 72 is repealed.

NEW SECTION. Sec. 9. Section 5 of this act shall expire July 1, 1992.

NEW SECTION. Sec. 10. Section 6 of this act shall take effect July 1, 1992.

NEW SECTION. Sec. 11. Sections 1 through 5 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.