SUBSTITUTE SENATE BILL NO. 5013
AS AMENDED BY THE HOUSE
C 161 L 90
State of Washington 51st Legislature 1989 Regular Session
By Senate Committee on Education (originally sponsored by Senator Owen)
Read first time 2/14/89.
AN ACT Relating to school districts; amending RCW 28A.57.050, 28A.57.415, 28A.57.314, 28A.57.342, 28A.57.344, and 28A.57.410; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. In a second class school district no more than two of the directors may reside within the boundaries of a director district if a second class school district maintains a system which allows members of the board of directors to be elected from a combination of three director districts and two director at-large districts.
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.
divide into five school directors' districts all first and second class school
districts now in existence and not heretofore so divided and all first and
second class school districts hereafter established: PROVIDED, That no first
or second class school district ((
not heretofore so divided and no first or
second class 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 and no second
class school district shall be divided into a combination of no fewer than
three directors' districts nor more than two directors at large, 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))
in such manner. 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 9, chapter 15, Laws of 1975-'76 2nd ex. sess. and RCW 28A.57.415 are each amended to read as follows:
of a written petition)) by (( an)) the
educational service district superintendent of a resolution adopted by the
board of directors or a written petition from a second class school district
signed by at least twenty percent of the registered voters of a school district
(( theretofore)) previously divided into directors' districts (( after
a majority vote thereon in accordance with RCW 28A.57.050(4), as now or
hereafter amended)), which resolution or petition shall request (( a
return to the system of directors running at large within the district)) dissolution
of the existing directors' districts and reapportionment of the district into
no fewer than three directors' districts and with no more than two directors at
large, the superintendent, after formation of the question to be submitted
to the voters, shall give notice thereof to the county auditor who shall call
and hold a special election of the voters of the entire school district to
approve or reject such proposal, such election to be called, conducted and the
returns canvassed as in regular school district elections.
of a majority of those registered voters voting in said election is acquired,
at the expiration of terms of the incumbent directors of such school district
their successors shall be elected ((
at large)) in the manner approved.
Sec. 4. Section 28A.57.314, chapter 223, Laws of 1969 ex. sess. and RCW 28A.57.314 are each amended to read as follows:
Candidates for the position of school director shall file their declarations of candidacy as provided in RCW 29.21.060, as it now exists or may hereafter be amended.
Not less than ten days before the time of filing such declarations of candidacy, the officer charged with the conduct of the election shall designate by lot 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 school districts containing director districts, or a combination of director districts and director at large positions, candidates shall file for such director districts or at large positions. Position numbers shall be assigned to correspond to director district numbers to the extent possible.
Sec. 5. 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 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 five directors' districts in first class school districts and a choice of five directors' districts or no fewer than three directors' districts with the balance of the directors to be elected at large in second class school districts. Such director districts in second class 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 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, or from among the residents of the entire school district in the case of directors at large, by the electors of the entire school district.
Sec. 6. 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:
of directors of every first class school district other than a 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 or for second
class school districts into director districts or a combination of no fewer
than three director districts and no more than two at large positions. 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 ((
director districts from among the residents of the respective director district,
or from among the residents of the entire school district in the case of
directors at large, 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. 7. Section 28A.57.410, chapter 223, Laws of 1969 ex. sess. and RCW 28A.57.410 are each amended to read as follows:
Whenever all directors to be elected in a school district that is divided into directors' districts are not all to be elected for the same term of years, the county auditor, prior to the date set by law for filing a declaration of candidacy for the office of director, shall determine by lot the directors' districts from which directors shall be elected for a term of two years and the directors' districts from which directors shall be elected for a term of four years. In districts with a combination of directors' districts and directors at large, the county auditor shall determine the terms of office in such a manner that two-year terms and four-year terms are distributed evenly to the extent possible between the director district and at large positions. Each candidate shall indicate on his or her declaration of candidacy the directors' district from which he or she seeks to be elected or whether the candidate is seeking election as a director at large.