BILL REQ. #:  H-1133.1 

Read first time 02/05/13.   Referred to Committee on Education.

     AN ACT Relating to authorizing the educational service district board or local school board to fill vacancies on the board of directors in second-class school districts with an at-large appointment if after one hundred twenty days a candidate from the director district cannot be recruited; and amending RCW 28A.343.370.

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

Sec. 1   RCW 28A.343.370 and 1991 c 60 s 1 are each amended to read as follows:
     (1) In case of a vacancy from any cause on the board of directors of a school district other than a reconstituted board resulting from reorganized school districts, a majority of the legally established number of board members shall fill such vacancy by appointment: PROVIDED, That should there exist fewer board members on the board of directors of a school district than constitutes a majority of the legally established number of board members, the educational service district board members of the district in which the school district is located by the vote of a majority of its legally established number of board members shall appoint a sufficient number of board members to constitute a legal majority on the board of directors of such school district; and the remaining vacancies on such board of directors shall be filled by such board of directors in accordance with the provisions of this section: PROVIDED FURTHER, That should any board of directors for whatever reason fail to fill a vacancy within ninety days from the creation of such vacancy, the members of the educational service district board of the district in which the school district is located by majority vote shall fill such vacancy.
     (2) Except as provided in subsection (3) of this section, appointees to fill vacancies on boards of directors of school districts shall meet the requirements provided by law for school directors and shall serve until the next regular school district election, at which time a successor shall be elected for the unexpired term.
     (3) When filling a position in a second-class school district that has been vacant for more than ninety days, if an educational service district is not able to recruit a qualified candidate after thirty days of advertising in a newspaper or other media of general circulation in the school district, the educational service district board or local school board may appoint an otherwise qualified candidate who is a resident of the school district but does not reside in the director district where there is a vacancy. The individual so appointed may serve as a school director for a period lasting at least one year. The county auditor must conduct an election to replace the temporary appointment at the next regular school district election following the one-year appointment.
     (4) If a vacancy will be created by a board member who has submitted a resignation, that board member may not vote on the selection of his or her replacement.