5071-S AMH ED H-3029.1

SSB 5071 - H COMM AMD FAILED 4-9-97

By Committee on Education

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  The legislature finds the following:

    (1) The existing statutory provisions requiring an automatic transfer of territory from one school district to another when a city or town extends its boundaries through annexation of unincorporated territory is archaic, and that such school district transfers should not be automatic;

    (2) Some current procedural requirements unduly restrict the ability of the state board of education to respond more flexibly to any given proposed transfer of territory;

    (3) Consistent with the goal of growth management that public services and facilities necessary to support development be available without a decrease in service levels, citizens should have the opportunity to be heard on whether all land in a planned community that includes industrial, commercial, and residential sites should be in the same school district; and

    (4) The current laws and rules governing school district organization are outdated and in need of a comprehensive review.

    Sec. 2.  RCW 28A.315.250 and 1985 c 385 s 19 are each amended to read as follows:

(1) Each incorporated city or town in the state shall be comprised in one school district:  PROVIDED, That nothing in this section shall be construed:  (((1))) (a) To prevent the extension of the boundaries of a school district beyond the limits of the city or town contained therein, or (((2))) (b) to prevent the inclusion of two or more incorporated cities or towns in a single school district, or (((3))) (c) to change or disturb the boundaries of any school district organized prior to the incorporation of any city or town, except as hereafter in this section provided.

(2) In case all or any part of a school district that operates a school or schools on one site only or operates elementary schools only on two or more sites is included in an incorporated city or town through the extension of the limits of such city or town in the manner provided by law, the ((educational service district superintendent shall:  (1) Declare)) regional committee may, in its discretion, prepare a proposal for transfer of any part or all of the territory so included to be a part of the school district containing the city or town and (((2))), whenever a part of a district so included contains a school building of the district, ((present to the regional committee a proposal)) for the disposition of any part or all of the remaining territory of the district.

(3) In case of the extension of the limits of a city or town to include territory lying in a school district that operates on more than one site one or more elementary schools and one or more junior high schools or high schools, the regional committee ((shall)) may, in its discretion, prepare a proposal or proposals for annexation to the school district in which the city or town is located any part or all of the territory aforesaid which has been included in the city or town and for annexation to the school district in which the city or town is located or to some other school district or districts any part or all of the remaining territory of the school district affected by extension of the limits of the city or town:  PROVIDED, That where no school or school site is located within the territory annexed to the city or town and not less than seventy-five percent of the registered voters residing within the annexed territory present a petition in writing for annexation and transfer of said territory to the school district in which the city or town is located, the educational service district superintendent shall declare the territory so included to be a part of the school district containing said city or town:  PROVIDED FURTHER, That territory approved for annexation to a city or town by vote of the electors residing therein prior to January 12, 1953, shall not be subject to the provisions herein respecting annexation to a school district or school districts:  AND PROVIDED FURTHER, That the provisions and procedural requirements of this chapter as now or hereafter amended not in conflict with or inconsistent with the provisions hereinabove in this section stated shall apply in the case of any proposal or proposals (((1))) (a) for the alteration of the boundaries of school districts through and by means of annexation of territory as aforesaid, and (((2))) (b) for the adjustment of the assets and liabilities of the school districts involved or affected thereby.

(4) In case of the incorporation of a city or town containing territory lying in two or more school districts or of the uniting of two or more cities or towns not located in the same school district, the educational service district superintendent, except where the incorporation or consolidation would affect a district or districts of the first class, shall:  (((1))) (a) Order and declare to be established in each such case a single school district comprising all of the school districts involved, and (((2))) (b) designate each such district by name and by a number different from that of any other district in existence in the county.

(5) The educational service district superintendent shall fix as the effective date of any declaration or order required under this section a date no later than the first day of September next succeeding the date of the issuance of such declaration or order.

(6) The chapter . . ., Laws of 1997 (this act) amendments to this section apply retroactively.

    Sec. 3.  RCW 28A.315.140 and 1990 c 33 s 300 are each amended to read as follows:

    The powers and duties of the state board with respect to this chapter shall be:

    (1) To aid regional committees in the performance of their duties by furnishing them with plans of procedure, standards, data, maps, forms, and other necessary materials and services essential to a study and understanding of the problems of school district organization in their respective educational service districts.

    (2) To receive, file, and examine the proposals and the maps, reports, records, and other materials relating thereto submitted by regional committees and to approve such proposals and so notify the regional committees when said proposals are found to provide for satisfactory improvement in the school district system of the counties and the state and for an equitable adjustment of the assets and liabilities, including bonded indebtedness and excess tax levies as authorized under RCW 28A.315.110(2), of the school districts involved or affected:  PROVIDED, That whenever ((the state board approves a recommendation from a regional committee for the transfer of territory from one school district to another school district, such state board approval must be made not later than March 1 of any given year for implementation the school year immediately following:  PROVIDED FURTHER, That whenever)) such proposals are found by the state board to be unsatisfactory or inequitable, the board shall so notify the regional committee and, upon request, assist the committee in making revisions which revisions shall be resubmitted within sixty days after such notification for reconsideration and approval or disapproval.  The regional committee may request, and the state board is authorized to grant, an extension of the sixty days.  The duration of the extension shall be set by the state board.  Implementation of state board-approved transfers of territory from one school district to another school district shall become effective at the commencement of the next school year unless an earlier or later implementation date is agreed upon in writing by the boards of directors of the affected school districts and approved by the state board.

NEW SECTION. Sec. 4.  (1) The joint legislative audit and review committee shall undertake a comprehensive study of the current laws and state board of education's rules governing school district organization.  In conducting the study the committee shall seek input from the state board of education, the superintendent of public instruction, the educational service districts, the regional committees on school district organization, the Washington state school directors' association, representatives of cities, towns, and counties, and citizens. 

    (2) The purpose of the study under subsection (1) of this section is to determine if the existing procedures and requirements for school district organization are adequate and appropriate.

    (3) The committee shall submit a report on the study to the legislature by December 1, 1997.  The report shall include any recommendations for statutory changes and shall indicate whether the fundamental goal of the state's school district organization policy should be to support community/neighborhood schools and parental involvement.

NEW SECTION. Sec. 5.  Beginning on the effective date of this section and through June 30, 1998, school district boundaries may not be changed; except school district boundaries shall be changed if a school district request for a boundary change pursuant to RCW 28A.315.280 prior to the effective date of this section, and RCW 28A.315.250(3) apply.

NEW SECTION. Sec. 6.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

    Correct the title.

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