H‑0488.1 _____________________________________________
HOUSE BILL 1029
_____________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Representatives Haigh, Eickmeyer, Hunt and Cox
Read first time 01/11/2001. Referred to Committee on Education.
_1 AN ACT Relating to nonhigh school district payments; amending
_2 RCW 28A.545.070, 28A.545.090, and 28A.310.300; and adding a new
_3 section to chapter 28A.545 RCW.
_4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
_5 NEW SECTION. Sec. 1. A new section is added to chapter 28A.545
_6 RCW to read as follows:
_7 (1) The legislature finds that there is a significant burden
_8 placed on a high school district and a nonhigh school district
_9 when the nonhigh school district cannot pay the maintenance and
10 operating portion of the amount owed to the high school district
11 as required under this chapter. The inability to pay often is due
12 to levy failures and other related issues. The legislature intends
13 to establish a dispute resolution process to help facilitate the
14 purposes of this chapter.
15 (2) When a dispute arises between a nonhigh school district and
16 a high school district regarding payments under this chapter,
17 whether it is the amount due or the payment schedule, either
18 district may petition the educational service district to appoint
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_1 a mediator. If the nonhigh school district and the high school
_2 district are in different educational service districts, then the
_3 educational service district in which the petitioning school
_4 district is located shall receive the petition. If the mediator is
_5 unable to bring the districts to agreement within forty-five days
_6 of the appointment of the mediator, the educational service
_7 district shall hold a hearing within thirty days and then adopt an
_8 amount due or a payment plan within thirty days of the hearing.
_9 (3) The cost of mediation under subsection (2) of this section
10 shall be paid by the petitioning school district.
11 Sec. 2. RCW 28A.545.070 and 1990 c 33 s 491 are each amended to
12 read as follows:
13 (1) The superintendent of public instruction shall annually
14 determine the estimated amount due by a nonhigh school district to
15 a high school district for the school year as follows:
16 (a) The total of the high school district's maintenance and
17 operation excess tax levy that has been authorized and determined
18 by the superintendent of public instruction to be allowable
19 pursuant to RCW 84.52.0531, as now or hereafter amended, for
20 collection during the next calendar year, shall first be divided
21 by the total estimated number of annual average full-time
22 equivalent students which the high school district superintendent
23 or the superintendent of public instruction has certified pursuant
24 to RCW 28A.545.060 will be enrolled in the high school district
25 during the school year;
26 (b) The result of the calculation provided for in subsection
27 (1)(a) of this section shall then be multiplied by the estimated
28 number of annual average full-time equivalent students residing in
29 the nonhigh school district that will be enrolled in the high
30 school district during the school year which has been established
31 pursuant to RCW 28A.545.060; and
32 (c) The result of the calculation provided for in subsection
33 (1)(b) of this section shall be adjusted upward to the extent the
34 estimated amount due by a nonhigh school district for the prior
35 school year was less than the actual amount due based upon actual
36 annual average full-time equivalent student enrollments during the
37 previous school year and the actual per annual average full-time
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_1 equivalent student maintenance and operation excess tax levy rate
_2 for the current tax collection year, of the high school district,
_3 or adjusted downward to the extent the estimated amount due was
_4 greater than such actual amount due or greater than such lesser
_5 amount as a high school district may have elected to assess
_6 pursuant to RCW 28A.545.090.
_7 (2) The amount arrived at pursuant to subsection (1)(c) of this
_8 subsection shall constitute the estimated amount due by a nonhigh
_9 school district to a high school district for the school year.
10 (3) The amount due under this section may be adjusted under
11 section 1 of this act. Any adjustment under section 1 of this act
12 shall be the applicable amount due.
13 Sec. 3. RCW 28A.545.090 and 1990 c 33 s 493 are each amended to
14 read as follows:
15 Notwithstanding any provision of RCW 28A.545.050 through
16 28A.545.080 to the contrary, any high school district board of
17 directors may elect to assess a nonhigh school district an amount
18 which is less than that otherwise established by the
19 superintendent of public instruction pursuant to RCW 28A.545.070
20 to be due or section 1 of this act. In the event a high school
21 district elects to do so, it shall notify both the superintendent
22 of public instruction and the nonhigh school district of its
23 election and the lesser amount no later than September first
24 following the school year for which the amount is due. In the
25 absence of such notification, each nonhigh school district shall
26 pay the amount otherwise established by the superintendent of
27 public instruction pursuant to RCW 28A.545.070 or section 1 of
28 this act.
29 Sec. 4. RCW 28A.310.300 and 1998 c 244 s 13 are each amended to
30 read as follows:
31 In addition to other powers and duties as provided by law, each
32 educational service district superintendent shall:
33 (1) Assist the school districts in preparation of their budgets
34 as provided in chapter 28A.505 RCW((.));
35 (2) Enforce the provisions of the compulsory attendance law as
36 provided in RCW 28A.225.010 through 28A.225.140, 28A.200.010, and
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_1 28A.200.020((.));
_2 (3) Perform duties relating to capital fund aid by nonhigh
_3 districts as provided in chapter 28A.540 RCW((.));
_4 (4) Carry out the duties and issue orders creating new school
_5 districts and transfers of territory as provided in chapter
_6 28A.315 RCW((.));
_7 (5) Perform the limited duties as provided in chapter 28A.193
_8 RCW((.));
_9 (6) Facilitate resolution of disputes between high school and
10 nonhigh school districts as provided in section 1 of this act; and
11 (7) Perform all other duties prescribed by law and the
12 educational service district board.
‑‑‑ END ‑‑‑
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