H-127                _______________________________________________

                                                    HOUSE BILL NO. 331

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Holland, Patrick and Fuhrman

Read first time 1/23/87 and referred to Committee on Education.

AN ACT Relating to nonresident district school attendance; and amending RCW 28A.58.242.

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

        Sec. 1.  Section 1, chapter 66, Laws of 1975 1st ex. sess. as amended by section 1, chapter 50, Laws of 1977 and RCW 28A.58.242 are each amended to read as follows:

          The decision of a school district within which a student under the age of twenty-one years resides or of a school district within which such a student under the age of twenty-one years was last enrolled and is considered to be a resident for attendance purposes by operation of law, to deny such student's request for release to a nonresident school district by an agreement pursuant to RCW 28A.58.240 may be appealed to the superintendent of public instruction or his or her designee:  PROVIDED, That the school district of proposed transfer is willing to accept the student.

          The superintendent of public instruction or his or her designee shall hear the appeal and examine the evidence.  The superintendent of public instruction may order the resident district to release such a student who is under the age of twenty-one years in the event he or she or his or her designee finds that a special hardship or detrimental condition of a financial, educational, safety or health nature affecting the student or the student's immediate family or custodian may likely be significantly alleviated as a result of the transfer.  The decision of the superintendent of public instruction may be appealed to superior court pursuant to chapter 34.04 RCW, the administrative procedure act, as now or hereafter amended.  The resident district may not deny a student's request for a release to a nonresident district  if the school district of proposed transfer is contiguous to the resident district and no more than two percent of the student population of the resident district as of October 1st of the year of application has applied for such a transfer:  PROVIDED, That the nonresident or resident district shall not be responsible for providing student transportation to and from school for students released to attend a nonresident school district.  Requests for release to a nonresident district shall be filed with both the resident and nonresident school districts by February 15 of the school year before the date of transfer.