WSR 03-23-031

PROPOSED RULES

STATE BOARD OF EDUCATION


[ Filed November 12, 2003, 12:03 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-19-018.

     Title of Rule: WAC 180-24-225 Frequency of petitions -- Limitations.

     Purpose: The purpose of the proposed amendment is to balance the right of citizens to seek a transfer of territory and the impacts on the district and other district residents.

     Statutory Authority for Adoption: Chapter 28A.315 RCW.

     Summary: See Purpose above.

     Reasons Supporting Proposal: At least one district is incurring repeated time, effort, and resource costs to respond to petitions involving some or all of territory included in a previous petition.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, (360) 725-6024.

     Name of Proponent: State Board of Education, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: RCW 28A.315.195(4) authorizes the State Board of Education to establish rules limiting the frequency of petitions that may be filed pertaining to territory in whole or in part in a previous petition.

     Proposal Changes the Following Existing Rules: The new section will establish a petition frequency limitation.

     No small business economic impact statement has been prepared under chapter 19.85 RCW.

     RCW 34.05.328 does not apply to this rule adoption.

     Hearing Location: Olympia School District, 1113 Legion Way S.E., Olympia, WA 98501-1967, on January 15, 2004, at 8:30 a.m.

     Assistance for Persons with Disabilities: Contact Laura Moore by January 2, 2004, TTY (360) 664-3631 or (360) 725-6027.

     Submit Written Comments to: Rules Coordinator, State Board of Education, P.O. Box 47206, Olympia, WA 98504-7206, fax (360) 586-2357, by January 2, 2004.

     Date of Intended Adoption: January 16, 2004.

October 31, 2003

Larry Davis

Executive Director

OTS-6777.1


NEW SECTION
WAC 180-24-225   Frequency of petitions -- Limitation.   (1) The authority for this section is RCW 28A.315.195(4) which authorizes the state board of education to establish rules limiting the frequency of petitions that may be filed pertaining to territory included in whole or in part in a previous petition.

     (2) An educational service district superintendent may not accept a petition to transfer territory if any portion of such territory was included in a previous petition brought before the regional committee, unless five years have expired since the date of final disposition of the previous petition.

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