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                            ENGROSSED SENATE BILL 5364

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State of Washington              52nd Legislature             1991 Regular Session

By Senators Roach, McCaslin and Stratton.

Read first time January 29, 1991.  Referred to Committee on Governmental Operations.Authorizing the state board of education to review public school siting decisions.

     AN ACT Relating to the location of public schools; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; adding a new section to chapter 36.70 RCW; and adding a new section to chapter 28A.305 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 35.63 RCW to read as follows:

     If the council, board, hearing examiner, or other municipal authority has made a final decision refusing to permit a public school to be located on a particular site under a land use plan adopted by the municipality, the decision may be appealed by the school district board of directors to the state board of education.  The school district board of directors may appeal the decision, within sixty days after all municipal administrative procedures have been exhausted, only if the board by majority vote adopts a resolution to appeal the decision and submits a statement that all municipal administrative procedures have been exhausted.  If the state board of education determines that the location of the school on that site would best serve the educational needs of students, the school may be located on that site notwithstanding the provisions of the municipality's land use plans or zoning ordinances.

NEW SECTION. Sec. 2.  A new section is added to chapter 35A.63 RCW to read as follows:

     If the council, board, hearing examiner, or other municipal authority has made a final decision refusing to permit a public school to be located on a particular site under a land use plan adopted by the code city, the decision may be appealed by the school district board of directors to the state board of education.  The school district board of directors may appeal the decision, within sixty days after all municipal administrative procedures have been exhausted, only if the board by majority vote adopts a resolution to appeal the decision and submits a statement that all municipal administrative procedures have been exhausted.  If the state board of education determines that the location of the school on that site would best serve the educational needs of students, the school may be located on that site notwithstanding the provisions of the code city's land use plans or zoning ordinances.

NEW SECTION. Sec. 3.  A new section is added to chapter 36.70 RCW to read as follows:

     If the council, board, hearing examiner, or other county or regional authority has made a final decision refusing to permit a public school to be located on a particular site under a land use plan adopted by the county or region, the decision may be appealed by the school district board of directors to the state board of education.  The school district board of directors may appeal the decision, within sixty days after all municipal administrative procedures have been exhausted, only if the board by majority vote adopts a resolution to appeal the decision and submits a statement that all municipal administrative procedures have been exhausted.  If the state board of education determines that the location of the school on that site would best serve the educational needs of students, the school may be located on that site notwithstanding the provisions of the county's land use plans or zoning ordinances.

NEW SECTION. Sec. 4.  A new section is added to chapter 28A.305 RCW to read as follows:

     The state board of education, when requested in writing, shall review a decision under section 1, 2, or 3 of this act and may make the determination that a school should be located on a site notwithstanding the provisions of the land use plans or zoning ordinances.