S-0887.1/91 _______________________________________________
SENATE BILL 5364
_______________________________________________
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.
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 to the state board of education. 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 to the state board of education. 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 to the state board of education. 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.