BILL REQ. #:  S-1740.1 

Read first time 02/18/2005.   Referred to Committee on Early Learning, K-12 & Higher Education.

     AN ACT Relating to decisions by regional committees on school district organization; amending RCW 28A.315.195, 28A.315.015, and 28A.315.095; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that the citizens of Washington have long enjoyed the right to petition for a transfer of territory between one school district and another and to have their petition decided upon by a neutral body separate from either school district. Recent legislation intended to encourage decisions about school boundaries to be made at the local level by the affected school boards was not intended to abrogate the right of citizens to have their petition heard and decided by the educational service district regional committee.

Sec. 2   RCW 28A.315.195 and 2003 c 413 s 2 are each amended to read as follows:
     (1) A proposed change in school district organization by transfer of territory from one school district to another may be initiated by a petition in writing presented to the educational service district superintendent:
     (a) Signed by at least fifty percent plus one of the active registered voters residing in the territory proposed to be transferred; or
     (b) Signed by a majority of the members of the board of directors of one of the districts affected by a proposed transfer of territory.
     (2) The petition shall state the name and number of each district affected, describe the boundaries of the territory proposed to be transferred, and state the reasons for desiring the change and the number of children of school age, if any, residing in the territory.
     (3) The educational service district superintendent shall not complete any transfer of territory under this section that involves ten percent or more of the common school student population of the entire district from which the transfer is proposed, unless the educational service district superintendent has first called and held a special election of the voters of the entire school district from which the transfer of territory is proposed. The purpose of the election is to afford those voters an opportunity to approve or reject the proposed transfer. A simple majority shall determine approval or rejection.
     (4) The state board may establish rules limiting the frequency of petitions that may be filed pertaining to territory included in whole or in part in a previous petition.
     (5) Upon receipt of the petition, the educational service district superintendent shall notify in writing the affected districts that:
     (a) Each school district board of directors, whether or not initiating a proposed transfer of territory, is required to enter into negotiations with the affected district or districts;
     (b) In the case of a citizen-initiated petition, the affected districts must negotiate on the entire proposed transfer of territory;
     (c) The districts have ninety calendar days in which to agree to the proposed transfer of territory;
     (d) The districts may request and shall be granted by the educational service district superintendent one thirty-day extension to try to reach agreement; and
     (e) Any district involved in the negotiations may at any time during the ninety-day period notify the educational service district superintendent in writing that agreement will not be possible.
     (6) If the negotiating school boards cannot ((come to agreement about)) agree to the proposed transfer of territory, the educational service district superintendent, if requested by the affected districts, shall appoint a mediator. The mediator has thirty days to work with the affected school districts to see if an agreement can be reached on the proposed transfer of territory.
     (7) If the affected school districts cannot ((come to agreement about)) agree to the proposed transfer of territory, and the districts do not request the services of a mediator or the mediator was unable to bring the districts to agreement, either district may file with the educational service district superintendent a written request for a hearing by the regional committee.
     (8) If the affected school districts ((cannot come to agreement about)) do not agree to the proposed transfer of territory initiated by citizen petition, ((and the districts do not request the services of a mediator or the mediator was unable to bring the districts to agreement,)) the district in which the citizens who filed the petition reside shall file on behalf of the citizen petitioners with the educational service district superintendent a written request for a hearing by the regional committee, unless a majority of the citizen petitioners request otherwise.
     (9) Upon receipt of a notice under subsection (7) or (8) of this section, the educational service district superintendent shall notify the chair of the regional committee in writing within ten days.
     (10) Costs incurred by school districts under this section shall be reimbursed by the state from such funds as are appropriated for this purpose.

Sec. 3   RCW 28A.315.015 and 1999 c 315 s 101 are each amended to read as follows:
     (1) It is the purpose of this chapter to:
     (a) Incorporate into a single, comprehensive, school district organization law all essential provisions governing:
     (i) The formation and establishment of new school districts;
     (ii) The alteration of the boundaries of existing districts; and
     (iii) The adjustment of the assets and liabilities of school districts when changes are made under this chapter; and
     (b) Establish methods and procedures whereby changes in the school district system may be brought about by the people concerned and affected.
     (2) It is the state's policy that decisions on proposed changes in school district organization should be made, whenever possible, by negotiated agreement between the affected school districts. If the districts cannot agree to the proposed change, the decision shall be made by the regional committees on school district organization, based on the committees' best judgment, taking into consideration the ((following factors and)) factors under RCW 28A.315.205((:
     (a) A balance of local petition requests and the needs of the statewide community at large in a manner that advances the best interest of public education in the affected school districts and communities, the educational service district, and the state;
     (b) Responsibly serving all of the affected citizens and students by contributing to logical service boundaries and recognizing a changing economic pattern within the educational service districts of the state;
     (c) Enhancing the educational opportunities of pupils in the territory by reducing existing disparities among the affected school districts' ability to provide operating and capital funds through an equitable adjustment of the assets and liabilities of the affected districts;
     (d) Promoting a wiser use of public funds through improvement in the school district system of the educational service districts and the state; and
     (e) Other criteria or considerations as may be established in rule by the state board of education)).
     (3) It is neither the intent nor purpose of this chapter to apply to organizational changes and the procedure therefor relating to capital fund aid by nonhigh school districts as provided for in chapter 28A.540 RCW.
     (4) A hearing by the regional committee under this chapter on a proposed transfer of territory by a citizen-initiated petition is a quasi-judicial function.

Sec. 4   RCW 28A.315.095 and 1999 c 315 s 301 are each amended to read as follows:
     The powers and duties of each regional committee are to:
     (1) Hear and approve or disapprove proposals for changes in the organization and extent of school districts in the educational service districts when a hearing on a proposal has been requested under RCW 28A.315.195;
     (2) Act on notices and proposals from the educational service district under RCW 28A.315.225;
     (3) 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;
     (4) Make an equitable adjustment of the bonded indebtedness outstanding against any of the old and new 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;
     (5) 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 that are authorized for the school district under RCW 84.52.053 before the effective date of the transfer of territory from the school district;
     (6) 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 that are authorized for the school district under RCW 84.52.053 before the effective date of the transfer of territory to the school district;
     (7) Establish the date by which a committee-approved transfer of territory shall take effect, which date must be not later than twelve months after the transfer is approved;
     (8) 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)) 28A.315.225 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; and
     (9) 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.