AN ACT Relating to redesignating first and second class school districts to large and small school districts; and amending RCW 28A.21.140, 28A.57.050, 28A.57.140, 28A.57.150, 28A.57.312, 28A.57.313, 28A.57.324, 28A.57.328, 28A.57.336, 28A.57.342, 28A.57.344, 28A.57.355, 28A.57.356, 28A.57.357, 28A.57.358, 28A.57.425, 28A.57.435, 28A.59.180, 28A.59.185, 28A.60.010, 28A.60.070, 28A.60.181, 28A.60.200, 28A.60.320, 28A.60.328, 28A.60.350, 28A.65.420, 28A.65.425, 28A.65.430, 28A.65.480, 28A.65.485, 28A.66.010, 28A.66.020, 28A.66.040, 28A.66.080, 28A.100.082, 29.13.060, 29.13.060, 29.21.180, 29.21.200, 29.21.210, 42.23.030, 53.36.020, and 84.52.020.

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

Sec. 1. Section 14, chapter 176, Laws of 1969 ex. sess. as last amended by section 4, chapter 56, Laws of 1983 and RCW 28A.21.140 are each amended to read as follows:

The superintendent of public instruction shall examine and revise the biennial budget request of each educational service district and shall fix the amount to be requested in state funds for the educational service district system from the legislature. Once funds have been appropriated by the legislature, the superintendent of public instruction shall fix the annual budget of each educational service district and shall allocate quarterly the state's portion from funds appropriated for that purpose to the county treasurer of the headquarters county of the educational service district for deposit to the credit of the educational service district general expense fund.

In each educational service district, there shall be an educational service district general expense fund into which there shall be deposited such moneys as are allocated by the superintendent of public instruction under provisions of this chapter and other funds of the educational service district, and such moneys shall be expended according to the method used by ((~~first or second class~~)) large or small school districts, whichever is deemed most feasible by the educational service district board. No vouchers for warrants other than moneys being distributed to the school districts shall be approved for expenditures not budgeted by the educational service district board.

Sec. 2. Section 2, chapter 15, Laws of 1975-'76 2nd ex. sess. as last amended by section 1, chapter 100, Laws of 1987 and RCW 28A.57.050 are each amended to read as follows:

The powers and duties of each regional committee shall be:

(1) To initiate, on its own motion and whenever it deems such action advisable, proposals or alternate proposals for changes in the organization and extent of school districts in the educational service district; to receive, consider, and revise, whenever in its judgment revision is advisable, proposals initiated by petition or presented to the committee by the educational service district superintendent as provided for in this chapter; to prepare and submit to the state board any of the aforesaid proposals that are found by the regional committee to provide for satisfactory improvement in the school district system of the educational service district and state; to prepare and submit with the aforesaid proposals, a map showing the boundaries of existing school districts affected by any proposed change and the boundaries, including a description thereof, of each proposed new school district or of each existing school district as enlarged or diminished by any proposed change, or both, and a summary of the reasons for the proposed change; and such other reports, records, and materials as the state board may request. The committee may utilize as a basis of its proposals and changes that comprehensive plan for changes in the organization and extent of the school districts of the county prepared and submitted to the state board prior to September 1, 1956, or, if the then county committee found, after considering the factors listed in RCW 28A.57.055, that no changes in the school district organization of the county were needed, the report to this effect submitted to the state board.

(2) (a) To 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; and (b) to make an equitable adjustment of the bonded indebtedness outstanding against any of the aforesaid 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; and (c) to 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 which are authorized for the school district under RCW 84.52.053 before the effective date of the transfer of territory from the school district; and (d) to 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 which are authorized for the school district under RCW 84.52.053 before the effective date of the transfer of territory to the school district; and (e) to submit to the state board the proposed terms of adjustment and a statement of the reasons therefor in each case. In making the adjustments herein provided for, the regional committee shall consider the number of children of school age resident in and the assessed valuation of the property located in each school district and in each part of a district involved or affected; the purpose for which the bonded indebtedness of any school district was incurred; the value, location, and disposition of all improvements located in the school districts involved or affected; and any other matters which in the judgment of the committee are of importance or essential to the making of an equitable adjustment.

(3) To 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.57.190 or 28A.57.200 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.

(4) To divide into five school directors' districts all ((~~first and second class~~)) large and small school districts now in existence and not heretofore so divided and all ((~~first and second class~~)) large and small school districts hereafter established: PROVIDED, That no ((~~first or second class~~)) large or small school district not heretofore so divided and no ((~~first or second class~~)) large or small school district hereafter created containing a city with a population in excess of seven thousand according to the latest population certificate filed with the secretary of state by the office of financial management shall be divided into directors' districts unless a majority of the registered voters voting thereon at an election shall approve a proposition authorizing the division of the district into directors' districts. The boundaries of each directors' district shall be so established that each such district shall comprise as nearly as practicable an equal portion of the population of the school district.

(5) To rearrange at any time the committee deems such action advisable in order to correct inequalities caused by changes in population and changes in school district boundaries, the boundaries of any of the directors' districts of any school district heretofore or hereafter so divided: PROVIDED, That a petition therefor, shall be required for rearrangement in order to correct inequalities caused by changes in population. Said petition shall be signed by at least ten registered voters residing in the aforesaid school district, and shall be presented to the educational service district superintendent. A public hearing thereon shall be held by the regional committee, which hearing shall be called and conducted in the manner prescribed in subsection (3) of this section.

(6) To 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.

Sec. 3. Section 3, chapter 15, Laws of 1975-'76 2nd ex sess. and RCW 28A.57.140 are each amended to read as follows:

Any school district in the state having a student enrollment within the public schools of such district of two thousand pupils or more, as shown by any regular census as required under RCW 28A.58.150(4), as now or hereafter amended, or by any other evidence acceptable to the educational service district superintendent and the superintendent of public instruction, shall be a large school district ((~~of the first class~~)). Any other school district shall be a small school district ((~~of the second class~~)).

Whenever the educational service district superintendent finds that the classification of a school district should be changed, and upon the approval of the superintendent of public instruction, he shall make an order in conformity with his findings and alter the records of his office accordingly. Thereafter the board of directors of the district shall organize in the manner provided by law for the organization of the board of a district of the class to which said district then belongs.

Sec. 4. Section 28A.57.150, chapter 223, Laws of 1969 ex. sess. as last amended by section 19, chapter 385, Laws of 1985 and RCW 28A.57.150 are each amended to read as follows:

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) To prevent the extension of the boundaries of a school district beyond the limits of the city or town contained therein, or (2) to prevent the inclusion of two or more incorporated cities or towns in a single school district, or (3) 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.

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 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.

In case of the extension of the limits of a 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, in its discretion, prepare a proposal or proposals for annexation to the school district in which the town is located any part or all of the territory aforesaid which has been included in the town and for annexation to the school district in which the 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 town: PROVIDED, That where no school or school site is located within the territory annexed to the 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 town is located, the educational service district superintendent shall declare the territory so included to be a part of the school district containing said 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) for the alteration of the boundaries of school districts through and by means of annexation of territory as aforesaid, and (2) for the adjustment of the assets and liabilities of the school districts involved or affected thereby.

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 large district or districts ((~~of the first class~~)), shall: (1) Order and declare to be established in each such case a single school district comprising all of the school districts involved, and (2) designate each such district by name and by a number different from that of any other district in existence in the county.

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.

Sec. 5. Section 1, chapter 47, Laws of 1980 as amended by section 1, chapter 35, Laws of 1980 and RCW 28A.57.312 are each amended to read as follows:

The governing board of a school district shall be known as the board of directors of the district.

Unless otherwise specifically provided, as in RCW 29.13.060, each member of a board of directors shall be elected by ballot by the registered voters of the school district and shall hold office for a term of four years and until a successor is elected and qualified. Terms of school directors shall be staggered, and insofar as possible, not more than a majority of one shall be elected to full terms at any regular election. In case a member or members of a board of directors are to be elected to fill an unexpired term or terms, the ballot shall specify the term for which each such member is to be elected.

Except for a large school district ((~~of the first class~~)) having within its boundaries a city with a population of four hundred thousand people or more in class AA counties which shall have a board of directors of seven members, the board of directors of every large school district ((~~of the first class~~)) or small school district ((~~of the second class~~)) shall consist of five members.

Sec. 6. Section 10, chapter 183, Laws of 1979 ex. sess. and RCW 28A.57.313 are each amended to read as follows:

After July 1, 1979, the election of directors of any ((~~first class~~)) large school district having within its boundaries a city with a population of four hundred thousand people or more and being in a class AA county, shall be to four year terms. ((The initial four year terms required by this section shall commence upon the expiration of terms in existence at July 1, 1979. Nothing in this amendatory act shall affect the term of office of any incumbent director of any such first class school district.))

Sec. 7. Section 28A.57.324, chapter 223, Laws of 1969 ex. sess. as last amended by section 35, chapter 3, Laws of 1983 and RCW 28A.57.324 are each amended to read as follows:

Regular meetings of the board of directors of any school district shall be held monthly or oftener at such a time as the board of directors by resolution shall determine or the bylaws of the board may prescribe. Special or deferred meetings may be held from time to time as circumstances may demand, at the call of the president, if a ((~~first class~~)) large district, or the chairman of the board, if a ((~~second class~~)) small district, or on petition of a majority of the members of the board. All meetings shall be open to the public unless the board shall otherwise order an executive session as provided in RCW 42.30.110.

Sec. 8. Section 5, chapter 15, Laws of 1975-'76 2nd ex. sess. as last amended by section 2, chapter 35, Laws of 1980 and RCW 28A.57.328 are each amended to read as follows:

Upon the establishment of a new small school district ((~~of the second class~~)), the directors of the old school districts who reside within the limits of the new district shall meet at the call of the educational service district superintendent and shall constitute the board of directors of the new district. If fewer than five such directors reside in any such new ((~~second class~~)) small school district, they shall become directors of said district, and the educational service district board shall appoint the number of additional directors required to constitute a board of five directors for the new ((~~second class~~)) small district. Vacancies once such a board has been reconstituted shall not be filled unless the number of remaining board members is less than five in a ((~~second class~~)) small district, and such vacancies shall be filled in the manner otherwise provided by law.

Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all the powers and authority conferred by law upon boards of directors of other districts of the same class. Each initial director shall hold office until his successor is elected and qualified: PROVIDED, That the election of the successor shall be held during the second district general election after the initial directors have assumed office. At such election, no more than five directors shall be elected either at large or by director districts, as the case may be, two for a term of two years and three for a term of four years. Directors thereafter elected and qualified shall serve such terms as provided for in RCW 28A.57.312, as now or hereafter amended.

Sec. 9. Section 28A.57.336, chapter 223, Laws of 1969 ex. sess. as amended by section 11, chapter 131, Laws of 1969 and RCW 28A.57.336 are each amended to read as follows:

Any ((~~first class~~)) large school district having a board of directors of five members as provided in RCW 28A.57.312 and which elects directors for a term of six years under the provisions of RCW 29.13.060 shall cause the office of at least one director and no more than two directors to be up for election at each regular school district election held hereafter and, except as provided in RCW 28A.57.435, any ((~~first class~~)) large school district having a board of directors of seven members as provided in RCW 28A.57.312 shall cause the office of two directors and no more than three directors to be up for election at each regular school district election held hereafter.

Sec. 10. Section 28A.57.342, chapter 223, Laws of 1969 ex. sess. as last amended by section 27, chapter 385, Laws of 1985 and RCW 28A.57.342 are each amended to read as follows:

Whenever an election shall be held for the purpose of securing the approval of the voters for the formation of a new school district other than a large school district ((~~of the first class~~)) having within its boundaries a city with a population of four hundred thousand people or more in class AA counties, if requested by one of the boards of directors of the school districts affected, there shall also be submitted to the voters at the same election a proposition to authorize the regional committee to divide the school district, if formed, into directors' districts. Such director districts in ((~~second class~~)) small districts, if approved, shall not become effective until the regular school election following the next regular school election at which time a new board of directors shall be elected as provided in RCW 28A.57.328. Such director districts in ((~~first class~~)) large districts, if approved, shall not become effective until the next regular school election at which time a new board of directors shall be elected as provided in RCW 28A.57.355, 28A.57.356, and 28A.57.357. Each of the five directors shall be elected from among the residents of the respective director district by the electors of the entire school district.

Sec. 11. Section 28A.57.344, chapter 223, Laws of 1969 ex. sess. as last amended by section 28, chapter 385, Laws of 1985 and RCW 28A.57.344 are each amended to read as follows:

The board of directors of every school district other than a large school district (~~of the first class~~)) having within its boundaries a city with a population of four hundred thousand people or more in class AA counties which is not divided into directors' districts may submit to the voters at any regular school district election a proposition to authorize the regional committee to divide the district into directors' districts. If a majority of the votes cast on the proposition shall be affirmative, the regional committee shall proceed to divide the district into directors' districts. Such director districts, if approved, shall not become effective until the next regular school election when a new five member board of directors shall be elected, one from each of five director districts from among the residents of the respective director district by the electors of the entire district, two for a term of two years and three for a term of four years, unless such district elects its directors for six years, in which case, one for a term of two years, two for a term of four years, and two for a term of six years.

Sec. 12. Section 3, chapter 67, Laws of 1971 as last amended by section 3, chapter 35, Laws of 1980 and RCW 28A.57.355 are each amended to read as follows:

Upon the establishment of a new large school district ((~~of the first class~~)) as provided for in RCW 28A.57.342 containing no former ((~~first class~~)) large district, the directors of the old school districts who reside within the limits of the new district shall meet at the call of the educational service district superintendent and shall constitute the board of directors of the new district. If fewer than five such directors reside in such new district, they shall become directors of said district and the educational service district board shall appoint the number of additional directors to constitute a board of five directors for the district. Vacancies, once such a board has been reconstituted, shall not be filled unless the number of remaining board members is less than five, and such vacancies shall be filled in the manner otherwise provided by law.

Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all the powers and authority conferred by law upon boards of directors ((~~of first class~~)) large school districts until the next regular school election in the district at which election their successors shall be elected and qualified. At such election no more than five directors shall be elected either at large or by director districts, as the case may be, two for a term of two years and three for a term of four years: PROVIDED, That if such ((~~first class~~)) large district is in a class AA or class A county and contains a city of the first class, two directors shall be elected for a term of three years and three directors shall be elected for a term of six years.

Sec. 13. Section 6, chapter 15, Laws of 1975-'76 2nd ex. sess. as last amended by section 4, chapter 35, Laws of 1980 and RCW 28A.57.356 are each amended to read as follows:

Upon the establishment of a new large school district ((~~of the first class~~)) as provided for in RCW 28A.57.342, as now or hereafter amended, containing only one former ((~~first class~~)) large district, the directors of the former ((~~first class~~)) large district and two directors representative of former ((~~second class~~)) small districts selected by a majority of the board members of former ((~~second class~~)) small districts shall meet at the call of the educational service district superintendent and shall constitute the board of directors of the new district. Vacancies, once such a board has been reconstituted, shall not be filled unless the number of remaining board members is less than five, and such vacancies shall be filled in the manner otherwise provided by law.

Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all the powers and authority conferred by law upon boards of directors of ((~~first class~~)) large school districts until the next regular school election in the district at which election their successors shall be elected and qualified. At such election no more than five directors shall be elected either at large or by director districts, as the case may be, two for a term of two years and three for a term of four years: PROVIDED, That if such ((~~first class~~)) large district is in a class AA or class A county and contains a city of the first class, two directors shall be elected for a term of three years and three directors shall be elected for a term of six years.

Sec. 14. Section 2, chapter 47, Laws of 1980 as amended by section 5, chapter 35, Laws of 1980 and RCW 28A.57.357 are each amended to read as follows:

Upon the establishment of a new large school district ((~~of the first class~~)) as provided for in RCW 28A.57.342, as now or hereafter amended, containing more than one former ((~~first class~~)) large district, the directors of the largest former ((~~first class~~)) large district and three directors representative of the other former ((~~first class~~)) large districts selected by a majority of the board members of the former ((~~first class~~)) large districts and two directors representative of former ((~~second class~~)) small districts selected by a majority of the board members of former ((~~second class~~)) small districts shall meet at the call of the educational service district superintendent and shall constitute the board of directors of the new district. Vacancies once such a board has been reconstituted shall not be filled unless the number of remaining board members is less than seven, and such vacancies shall be filled in the manner otherwise provided by law.

Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all of the powers and authority conferred by law upon boards of ((~~first class~~)) large districts until the next regular school election and until their successors are elected and qualified. At such election other than districts electing directors for six-year terms as provided in RCW 29.13.060, as now or hereafter amended, five directors shall be elected either at large or by director districts, as the case may be, two for a term of two years and three for a term of four years. At such election for districts electing directors for six years other than a district having within its boundaries a city with a population of four hundred thousand people or more in class AA counties and electing directors for six year terms, five directors shall be elected either at large or by director districts, as the case may be, one for a term of two years, two for a term of four years, and two for a term of six years.

Sec. 15. Section 3, chapter 47, Laws of 1980 as amended by section 6, chapter 35, Laws of 1980 and RCW 28A.57.358 are each amended to read as follows:

Upon the establishment of a new large school district ((~~of the first class~~)) having within its boundaries a city with a population of four hundred thousand people or more in class AA counties, the directors of the largest former ((~~first class~~)) large district and three directors representative of the other former ((~~first class~~)) large districts selected by a majority of the board members of the former ((~~first class~~)) large districts and two directors representative of former ((~~second class~~)) small districts selected by a majority of the board members of former ((~~second class~~)) small districts shall meet at the call of the educational service district superintendent and shall constitute the board of directors of the new district. Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all the powers and duties conferred by law upon boards of ((~~first class~~)) large districts, until the next regular school election and until their successors are elected and qualified. Such duties shall include establishment of new director districts as provided for in RCW 28A.57.425, as now or hereafter amended. At the next regular school election seven directors shall be elected by director districts, two for a term of two years, two for a term of four years and three for a term of six years. Thereafter their terms shall be as provided in RCW 28A.57.313.

Vacancies once such a board has been reconstituted shall not be filled unless the number of remaining board members is less than seven, and such vacancies shall be filled in the manner otherwise provided by law.

Sec. 16. Section 9, chapter 131, Laws of 1969 as last amended by section 6, chapter 183, Laws of 1979 ex. sess. and RCW 28A.57.425 are each amended to read as follows:

Notwithstanding any other provision of law, any large school district ((~~of the first class~~)) having within its boundaries a city with a population of four hundred thousand people or more in class AA counties shall be divided into seven director districts. The boundaries of such director districts shall be established by the members of the school board and approved by the county committee on school district organization, such boundaries to be established so that each such district shall comprise, as nearly as practicable, an equal portion of the population of the school district. Boundaries of such director districts shall be adjusted by the school board and approved by the county committee after each federal decennial census if population change shows the need thereof to comply with the equal population requirement above. No person shall be eligible for the position of school director in any such director district unless such person resides in the particular director district. Residents in the particular director district desiring to be a candidate for school director shall file their declarations of candidacy for such director district and for the position of director in that district and shall be voted upon in the primary election by the registered voters of that particular director district: PROVIDED, That if not more than one person files a declaration of candidacy for the position of school director in any director district, no primary election shall be held in that district, and such candidate's name alone shall appear on the ballot for the director district position at the general election. The name of the person who receives the greatest number of votes and the name of the person who receives the next greatest number of votes at the primary for each director district position shall appear on the general election ballot under such position and shall be voted upon by all the registered voters in the school district. Except as provided in RCW 28A.57.435, as now or hereafter amended, every such director so elected in school districts divided into seven director districts shall serve for a term of four years as otherwise provided in RCW 28A.57.313.

Sec. 17. Section 10, chapter 131, Laws of 1969 as last amended by section 36, chapter 3, Laws of 1983 and RCW 28A.57.435 are each amended to read as follows:

Within thirty days after March 25, 1969, the school boards of any large school district ((~~of the first class~~)) having within its boundaries a city with a population of four hundred thousand people or more in class AA counties shall establish the director district boundaries and obtain approval thereof by the county committee on school district organization. Appointment of a board member to fill any vacancy existing for a new director district prior to the next regular school election shall be by the school board. Prior to the next regular election in the school district and the filing of declarations of candidacy therefor, the incumbent school board shall designate said director districts by number. Directors appointed to fill vacancies as above provided shall be subject to election, one for a six-year term, and one for a two-year term and thereafter the term of their respective successors shall be for four years. The term of office of incumbent members of the board of such district shall not be affected by RCW 28A.57.312, 28A.57.336, 28A.57.425, 28A.57.435, 28A.57.313, 29.21.180, and 29.21.210, each as now or hereafter amended.

Sec. 18. Section 7, chapter 2, Laws of 1983 and RCW 28A.59.180 are each amended to read as follows:

Every board of directors of a large school district ((~~of the first class~~)), in addition to the general powers for directors enumerated in chapter 28A.58 RCW or elsewhere in this title, shall have the power:

(1) To employ for a term of not exceeding three years a superintendent of schools of the district, and for cause to dismiss him; and to fix his duties and compensation.

(2) To employ, and for cause dismiss one or more assistant superintendents and to define their duties and fix their compensation.

(3) To employ a business manager, attorneys, architects, inspectors of construction, superintendents of buildings and a superintendent of supplies, all of whom shall serve at the board's pleasure, and to prescribe their duties and fix their compensation.

(4) To employ, and for cause dismiss, supervisors of instruction and to define their duties and fix their compensation.

(5) To prescribe a course of study and a program of exercises which shall be consistent with the course of study prepared by the state board of education for the use of the common schools of this state.

(6) To, in addition to the minimum requirements imposed by Title 28A RCW, as now or hereafter amended, establish and maintain such grades and departments, including night, high, kindergarten, vocational training and, except as otherwise provided by law, industrial schools, and schools and departments for the education and training of any class or classes of handicapped youth, as in the judgment of the board, best shall promote the interests of education in the district.

(7) To determine the length of time over and above one hundred eighty days that school shall be maintained: PROVIDED, That for purposes of apportionment no district shall be credited with more than one hundred and eighty-three days' attendance in any school year; and to fix the time for annual opening and closing of schools and for the daily dismissal of pupils before the regular time for closing schools.

(8) To maintain a shop and repair department, and to employ, and for cause dismiss, a foreman and the necessary help for the maintenance and conduct thereof.

(9) To provide free textbooks and supplies for all children attending school, when so ordered by a vote of the electors; or if the free textbooks are not voted by the electors, to provide books for children of indigent parents, on the written statement of the city superintendent that the parents of such children are not able to purchase them.

(10) To require of the officers or employees of the district to give a bond for the honest performance of their duties in such penal sum as may be fixed by the board with good and sufficient surety, and to cause the premium for all bonds required of all such officers or employees to be paid by the district: PROVIDED, That the board may, by written policy, allow that such bonds may include a deductible proviso not to exceed two percent of the officer's or employee's annual salary.

(11) To prohibit all secret fraternities and sororities among the students in any of the schools of the said districts.

(12) To appoint a practicing physician, resident of the school district, who shall be known as the school district medical inspector, and whose duty it shall be to decide for the board of directors all questions of sanitation and health affecting the safety and welfare of the public schools of the district who shall serve at the board's pleasure; he or authorized deputies shall make monthly inspections of each school in the district and report the condition of the same to the board of education and board of health: PROVIDED, That children shall not be required to submit to vaccination against the will of their parents or guardian.

Sec. 19. Section 28A.59.185, chapter 223, Laws of 1969 ex. sess. as last amended by section 16, chapter 59, Laws of 1983 and RCW 28A.59.185 are each amended to read as follows:

Large school districts ((~~of the first class~~)), when in the judgment of the board of directors it be deemed expedient, shall have power to create and maintain an insurance reserve for said districts, to be used to meet losses specified by the board of directors of the school districts.

Funds required for maintenance of such an insurance reserve shall be budgeted and allowed as are other moneys required for the support of the school district.

Sec. 20. Section 28A.60.010, chapter 223, Laws of 1969 ex. sess. as last amended by section 2, chapter 187, Laws of 1988 and RCW 28A.60.010 are each amended to read as follows:

The term of office of directors of small districts ((~~of the second class~~)) shall begin, and the board shall organize, as provided in RCW 28A.57.322. At the first meeting of the members of the board they shall elect a chairman from among their number who shall serve for a term of one year or until his successor is elected. The school district superintendent as defined in RCW 28A.01.100 shall serve as secretary to the board. Whenever a district shall be without the services of such a superintendent and the business of the district necessitates action thereby, the board shall appoint any member thereof to carry out the superintendent's powers and duties for the district.

Sec. 21. Section 11, chapter 15, Laws of 1975-'76 2nd ex. sess. and RCW 28A.60.070 are each amended to read as follows:

Every small school district superintendent in districts ((~~of the second class~~)) shall within ten days after any change in the office of chairman or superintendent, notify the educational service district superintendent of such change.

Sec. 22. Section 28A.60.181, chapter 223, Laws of 1969 ex. sess. and RCW 28A.60.181 are each amended to read as follows:

The board of directors of a ((~~second class~~)) small school district shall build schoolhouses and teachers' cottages when directed by a vote of the district to do so. The board of directors of a ((~~second class~~)) small school district may purchase real property for any school district purpose.

Sec. 23. Section 28A.60.200, chapter 223, Laws of 1969 ex. sess. as amended by section 17, chapter 43, Laws of 1975 and RCW 28A.60.200 are each amended to read as follows:

Each small school district ((~~of the second class~~)), by itself or in combination with any other district or districts, shall have power, when in the judgment of the school board it shall be deemed expedient, to reconstruct, remodel, or build schoolhouses, and to erect, purchase, lease or otherwise acquire other improvements and real and personal property, and establish a communal assembly place and appurtenances, and supply the same with suitable and convenient furnishings and facilities for the uses mentioned in RCW 28A.60.190, as now or hereafter amended.

Sec. 24. Section 28A.60.320, chapter 223, Laws of 1969 ex. sess. as amended by section 20, chapter 43, Laws of 1975 and RCW 28A.60.320 are each amended to read as follows:

The board of directors of any small school district ((~~of the second class~~)) may employ a regularly licensed physician or a licensed public health nurse for the purpose of protecting the health of the children in said district.

Sec. 25. Section 1, chapter 111, Laws of 1973 as last amended by section 10, chapter 56, Laws of 1983 and RCW 28A.60.328 are each amended to read as follows:

((~~Second class~~)) Small school districts, subject to the approval of the superintendent of public instruction, may draw and issue warrants for the payment of moneys upon approval of a majority of the board of directors, such warrants to be signed by the chairman of the board and countersigned by the secretary: PROVIDED, That when, in the judgment of the board of directors, the orders for warrants issued by the district monthly shall have reached such numbers that the signing of each warrant by the chairman of the board personally imposes too great a task on the chairman, the board of directors, after auditing all payrolls and bills, may authorize the issuing of one general certificate to the county treasurer, to be signed by the chairman of the board, authorizing said treasurer to pay all the warrants specified by date, number, name and amount, and the funds on which said warrants shall be drawn; thereupon the secretary of said board shall be authorized to draw and sign said orders for warrants.

Sec. 26. Section 1, chapter 41, Laws of 1975 1st ex. sess. as amended by section 10, chapter 40, Laws of 1984 and RCW 28A.60.350 are each amended to read as follows:

Notwithstanding any other provision of law, any ((~~second class~~)) small school district with an enrollment of three hundred students or less may provide housing for the superintendent of the school district, or any person acting in the capacity of superintendent, by such means and with such moneys as the school district shall determine: PROVIDED, That any ((~~second class~~)) small school district presently providing such housing may continue to provide the same: PROVIDED FURTHER, That if such housing is exempt from real property taxation by virtue of school district ownership, the school district shall charge for such housing, rent at least equal to the amount of real property tax for which such housing would be liable were it not so owned.

Sec. 27. Section 5, chapter 118, Laws of 1975-'76 2nd ex. sess. as amended by section 3, chapter 59, Laws of 1983 and RCW 28A.65.420 are each amended to read as follows:

Upon completion of their budgets as provided in RCW 28A.65.415, every school district shall publish a notice stating that the district has completed the budget and placed the same on file in the school district administration office, that a copy thereof will be furnished any person who will call upon the district for it, and that the board of directors will meet for the purpose of fixing and adopting the budget of the district for the ensuing fiscal year. Such notice shall designate the date, time, and place of said meeting which shall occur no later than the thirty-first day of August for ((~~first class~~)) large school districts, and the first day of August for ((~~second class~~)) small school districts. The notice shall also state that any person may appear thereat and be heard for or against any part of such budget. Said notice shall be published at least once each week for two consecutive weeks in a newspaper of general circulation in the district, or, if there be none, in a newspaper of general circulation in the county or counties in which such district is a part. The last notice shall be published no later than seven days immediately prior to the hearing.

The district shall provide a sufficient number of copies of the budget to meet the reasonable demands of the public not later than July 20th in the ((~~first class~~)) large school districts, and not later than July 15th in ((~~second class~~)) small school districts. School districts shall submit one copy of their budget to their educational service districts for review and comment by these dates.

Sec. 28. Section 6, chapter 118, Laws of 1975-'76 2nd ex. sess. as amended by section 4, chapter 59, Laws of 1983 and RCW 28A.65.425 are each amended to read as follows:

On the date given in said notice as provided in RCW 28A.65.420 the school district board of directors shall meet at the time and place designated. Any person may appear thereat and be heard for or against any part of such budget. Such hearing may be continued not to exceed a total of two days: PROVIDED, That the budget must be adopted no later than August 31st in ((~~first class~~)) large school districts, and not later than August 1st in ((~~second class~~)) small school districts.

Upon conclusion of the hearing, the board of directors shall fix and determine the appropriation from each fund contained in the budget separately, and shall by resolution adopt the budget and the appropriations as so finally determined, and enter the same in the official minutes of the board: PROVIDED, That ((~~first class~~)) large school districts shall file copies of their adopted budget with their educational service district no later than September 3rd, and ((~~second class~~)) small school districts shall forward copies of their adopted budget to their educational service district no later than August 3rd for review, alteration and approval as provided for in RCW 28A.65.430 by the budget review committee.

Sec. 29. Section 7, chapter 118, Laws of 1975-'76 2nd ex. sess. and RCW 28A.65.430 are each amended to read as follows:

The budget review committee shall fix and approve the amount of the appropriation from each fund of the budget of ((~~second class~~)) small districts not later than August 31st. No budget review committee shall knowingly approve any budget or appropriation that is in violation of this chapter or rules and regulations adopted by the superintendent of public instruction in accordance with RCW 28A.65.465(1). A copy of said budget shall be returned to the local school districts no later than September 10th.

Members of the budget review committee as referred to in this section shall consist of the educational service district superintendent or a representative thereof, a member of the local school district board of directors or a representative thereof, and a representative of the superintendent of public instruction.

Sec. 30. Section 17, chapter 118, Laws of 1975-'76 2nd ex. sess. as last amended by section 9, chapter 128, Laws of 1984 and RCW 28A.65.480 are each amended to read as follows:

(1) Notwithstanding any other provision of this chapter, upon the happening of any emergency in ((~~first class~~)) large school districts caused by fire, flood, explosion, storm, earthquake, epidemic, riot, insurrection, or for the restoration to a condition of usefulness of any school district property, the usefulness of which has been destroyed by accident, and no provision has been made for such expenditures in the adopted appropriation, the board of directors, upon the adoption by the vote of the majority of all board members of a resolution stating the facts constituting the emergency, may make an appropriation therefor without notice or hearing.

(2) Notwithstanding any other provision of this chapter, if in ((~~first class~~)) large districts it becomes necessary to increase the amount of the appropriation, and if the reason is not one of the emergencies specifically enumerated in subsection (1) of this section, the school district board of directors, before incurring expenditures in excess of the appropriation, shall adopt a resolution stating the facts and the estimated amount of appropriation to meet it.

Such resolution shall be voted on at a public meeting, notice to be given in the manner provided in RCW 28A.65.420. Its introduction and passage shall require the vote of a majority of all members of the school district board of directors.

Any person may appear at the meeting at which the appropriation resolution is to be voted on and be heard for or against the adoption thereof.

Copies of all adopted appropriation resolutions shall be filed with the educational service district who shall forward one copy each to the office of the superintendent of public instruction. One copy shall be retained by the educational service district.

Sec. 31. Section 18, chapter 118, Laws of 1975-'76 2nd ex. sess. as last amended by section 10, chapter 128, Laws of 1984 and RCW 28A.65.485 are each amended to read as follows:

Notwithstanding any other provision of this chapter, if a ((~~second class~~)) small school district needs to increase the amount of the appropriation from any fund for any reason, the school district board of directors, before incurring expenditures in excess of appropriation, shall adopt a resolution stating the facts and estimating the amount of additional appropriation needed.

Such resolution shall be voted on at a public meeting, notice to be given in the manner provided by RCW 28A.65.420. Its introduction and passage shall require the vote of a majority of all members of the school district board of directors.

Any person may appear at the meeting at which the appropriation resolution is to be voted on and be heard for or against the adoption thereof.

Upon passage of the appropriation resolution the school district shall petition the superintendent of public instruction for approval to increase the amount of its appropriations in the manner prescribed in rules and regulations for such approval by the superintendent.

Copies of all appropriation resolutions approved by the superintendent of public instruction shall be filed by the office of the superintendent of public instruction with the educational service district.

Sec. 32. Section 28A.66.010, chapter 223, Laws of 1969 ex. sess. as last amended by section 27, chapter 43, Laws of 1975 and RCW 28A.66.010 are each amended to read as follows:

The county auditor shall register in his own office, and present to the treasurer for registration in the office of the county treasurer, all warrants of ((~~first class~~)) large districts, and all warrants of ((~~second class~~)) small districts electing to draw and issue their own warrants under RCW 28A.60.328, as now or hereafter amended, received from school district superintendents or district secretaries before delivery of the same to claimants.

Sec. 33. Section 28A.66.020, chapter 223, Laws of 1969 ex. sess. as amended by section 28, chapter 43, Laws of 1975 and RCW 28A.66.020 are each amended to read as follows:

The county auditor shall cause all school warrants of ((~~second class~~)) small districts issued by him to be registered in the treasurer's office and shall retain the vouchers on file in his office.

Sec. 34. Section 28A.66.040, chapter 223, Laws of 1969 ex. sess. as last amended by section 29, chapter 43, Laws of 1975 and RCW 28A.66.040 are each amended to read as follows:

The county auditor shall draw and issue warrants for the payment of all salaries, expenses and accounts against ((~~second class~~)) small districts, except those who draw and issue their own warrants pursuant to RCW 28A.60.328, as now or hereafter amended, upon the written order of the majority of the members of the school board of each district.

Sec. 35. Section 28A.66.080, chapter 223, Laws of 1969 ex. sess. as amended by section 30, chapter 43, Laws of 1975 and RCW 28A.66.080 are each amended to read as follows:

An order for a warrant issued by any board of directors of ((~~second class~~)) small school districts shall not be transferable, and the county auditor shall issue no warrant except to individuals or firms designated in original district orders.

Sec. 36. Section 3, chapter 268, Laws of 1988 and RCW 28A.100.082 are each amended to read as follows:

School districts eligible for funding as a small high school district pursuant to the state operating appropriations act shall be eligible to participate in a cooperative project: PROVIDED, That the superintendent of public instruction may adopt rules permitting ((~~second class~~)) small school districts that are not eligible for funding as a small high school district in the state operating appropriations act to participate in a cooperative project.

Two or more school districts may participate in a cooperative project pursuant to RCW 28A.100.082 through 28A.100.092.

Sec. 37. Section 29.13.060, chapter 9, Laws of 1965 as amended by section 15, chapter 126, Laws of 1979 ex. sess. and RCW 29.13.060 are each amended to read as follows:

In class AA and class A counties, ((~~first class~~)) large school districts containing a city of the first class shall hold their elections biennially as provided in RCW 29.13.020.

The directors to be elected shall be elected for terms of six years and until their successors are elected and qualified and assume office in accordance with RCW 29.04.170.

Sec. 38. Section 29.13.060, chapter 9, Laws of 1965 as amended by section 11, chapter 183, Laws of 1979 ex. sess. and RCW 29.13.060 are each amended to read as follows:

In class AA and class A counties, ((~~first class~~)) large school districts containing a city of the first class shall hold their election biennially on the Tuesday following the first Monday in November of each odd-numbered year.

Except as provided in RCW 28A.57.313, the directors to be elected shall be elected for terms of six years and until their successors are elected and qualified.

Sec. 39. Section 2, chapter 10, Laws of 1970 ex. sess. as last amended by section 8, chapter 183, Laws of 1979 ex. sess. and RCW 29.21.180 are each amended to read as follows:

No primary shall be held relating to the office of state superintendent of public instruction or, except for any large school district ((~~of the first class~~)) having within its boundaries a city with a population of four hundred thousand people or more in class AA counties, officers of other ((~~first class~~)) large school districts if, after the last day allowed for candidates to withdraw, there are no more than two candidates filed for each position to be filled. In such event all candidates concerned shall be notified. Names of candidates that would have been printed upon the primary ballot, but for the provisions of this section, shall be printed upon the general election ballot alphabetically in groups under the designation of the respective titles of the offices for which they are candidates.

Sec. 40. Section 29.21.200, chapter 9, Laws of 1965 and RCW 29.21.200 are each amended to read as follows:

Candidates for school director in school districts embracing a city of over one hundred thousand population shall file their declarations of candidacy as provided in RCW 29.21.060. Not less than ten days before the time of filing such declarations of candidacy, the county auditor shall designate the positions to be filled by consecutive number, commencing with one. The positions so designated for school directors in each district shall be dealt with as separate offices for all election purposes, and where more than one position is to be filled, each candidate shall file for one of the positions so designated: PROVIDED, That in ((~~first class~~)) large school districts nominating and electing school directors by director districts, candidates shall file for such director districts.

Sec. 41. Section 29.21.210, chapter 9, Laws of 1965 as last amended by section 9, chapter 183, Laws of 1979 ex. sess. and RCW 29.21.210 are each amended to read as follows:

Except for any large school district ((~~of the first class~~)) having within its boundaries a city with a population of four hundred thousand people or more in class AA counties, the positions of school directors for school districts embracing a city of over one hundred thousand population and the candidates therefor shall appear separately on the nonpartisan ballot in substantially the following form:

SCHOOL DIRECTOR ELECTION BALLOT

To vote for a person make a cross (X) in the square at the right of the name of the person for whom you desire to vote.

!sbSchool District Directors

.......... to be nominated.

No. 1

Vote for One

@w1 ¨

!tb

!sbNo. 2

Vote for One

@w1 ¨

!tb

!sbTo Fill Unexpired Term

No. ..........

2 (or 4) year term

Vote for One

@w1 ¨

!ix!tb

Sec. 42. Section 1, chapter 44, Laws of 1983 1st ex. sess. and RCW 42.23.030 are each amended to read as follows:

No municipal officer shall be beneficially interested, directly or indirectly, in any contract which may be made by, through or under the supervision of such officer, in whole or in part, or which may be made for the benefit of his office, or accept, directly or indirectly, any compensation, gratuity or reward in connection with such contract from any other person beneficially interested therein. This section shall not apply in the following cases:

(1) The furnishing of electrical, water or other utility services by a municipality engaged in the business of furnishing such services, at the same rates and on the same terms as are available to the public generally;

(2) The designation of public depositaries for municipal funds;

(3) The publication of legal notices required by law to be published by any municipality, upon competitive bidding or at rates not higher than prescribed by law for members of the general public;

(4) The designation of a school director as clerk or as both clerk and purchasing agent of a school district;

(5) The employment of any person by a municipality, other than a county of the first class or higher, a city of the first or second class, an irrigation district encompassing in excess of fifty thousand acres, or a ((~~first class~~)) large school district, for unskilled day labor at wages not exceeding one hundred dollars in any calendar month;

(6) The letting of any other contract (except a sale or lease as seller or lessor) by a municipality, other than a county of the first class or higher, a city of the first or second class, an irrigation district encompassing in excess of fifty thousand acres, or a ((~~first class~~)) large school district: PROVIDED, That the total volume of business represented by such contract or contracts in which a particular officer is interested, singly or in the aggregate, as measured by the dollar amount of the municipality's liability thereunder, shall not exceed seven hundred fifty dollars in any calendar month: PROVIDED FURTHER, That in the case of a particular officer of a city or town of the third, or fourth class, or a noncharter optional code city, or a member of any county fair board in a county which has not established a county purchasing department pursuant to RCW 36.32.240, the total volume of such contract or contracts authorized in this subsection may exceed seven hundred fifty dollars in any calendar month but shall not exceed nine thousand dollars in any calendar year: PROVIDED FURTHER, That there shall be public disclosure by having an available list of such purchases or contracts, and if the supplier or contractor is an official of the municipality, he or she shall not vote on the authorization;

(7) The leasing by a port district as lessor of port district property to a municipal officer or to a contracting party in which a municipal officer may be beneficially interested, if in addition to all other legal requirements, a board of three disinterested appraisers, who shall be appointed from members of the American institute of real estate appraisers by the presiding judge of the superior court in the county where the property is situated, shall find and the court finds that all terms and conditions of such lease are fair to the port district and are in the public interest;

(8) The letting of any contract for the driving of a school bus in a ((~~second class~~)) small school district: PROVIDED, That the terms of such contract shall be commensurate with the pay plan or collective bargaining agreement operating in the district;

(9) The letting of any contract to the spouse of an officer of a ((~~second class~~)) small school district in which less than two hundred full time equivalent students are enrolled at the start of the school year as defined in RCW 28A.01.020, when such contract is solely for employment as a certificated or classified employee of the school district.

Sec. 43. Section 11, chapter 65, Laws of 1955 as amended by section 56, chapter 195, Laws of 1973 1st ex. sess. and RCW 53.36.020 are each amended to read as follows:

A district may raise revenue by levy of an annual tax not to exceed forty-five cents per thousand dollars of assessed value against the assessed valuation of the taxable property in such port district for general port purposes, including the establishment of a capital improvement fund for future capital improvements, except that any levy for the payment of the principal and interest of the general bonded indebtedness of the port district shall be in excess of any levy made by the port district under the forty-five cents per thousand dollars of assessed value limitation. The levy shall be made and taxes collected in the manner provided for the levy and collection of taxes in large school districts ((~~of the first class~~)).

Sec. 44. Section 84.52.020, chapter 15, Laws of 1961 as last amended by section 27, chapter 222, Laws of 1988 and RCW 84.52.020 are each amended to read as follows:

It shall be the duty of the city council or other governing body of cities of the first class, except cities having a population of three hundred thousand or more, the city councils or other governing bodies of cities of the second or third class, the board of directors of large school districts ((~~of the first class~~)), the superintendent of each educational service district for each constituent ((~~second class~~)) small school district, commissioners of port districts, commissioners of metropolitan park districts, and of all officials or boards of taxing districts within or coextensive with any county required by law to certify to the county legislative authority, for the purpose of levying district taxes, budgets or estimates of the amounts to be raised by taxation on the assessed valuation of the property in the city or district, through their chairman and clerk, or secretary, to make and file such certified budget or estimates with the clerk of the county legislative authority on or before the fifteenth day of November.