HOUSE BILL REPORT
HB
1176
As Passed House
February 14, 1991
Title: An act relating to school districts' boards of directors.
Brief Description: Specifying timing and voting on filling school board vacancies.
Sponsor(s): Representatives Leonard, Holland, Peery, Brough, Cole, Forner, Rayburn, Vance, Brumsickle, Jones, Miller, Fuhrman, Phillips, Winsley, Paris and Betrozoff.
Brief History:
Reported by House Committee on:
Education, February 4, 1991, DP.
HOUSE COMMITTEE ON
EDUCATION
Majority Report: Do pass. Signed by 17 members: Representatives Peery, Chair; G. Fisher, Vice Chair; Brough, Ranking Minority Member; Betrozoff; Broback; Brumsickle; Cole; Dorn; Holland; P. Johnson; Jones; Neher; Orr; Phillips; Rasmussen; Roland; and H. Sommers.
Staff: Susan Kirkpatrick (786-7291).
Background: RCW 28A.315.530 governs the procedure regarding vacancies on a school board and provides as follows:
"In case of a vacancy from any cause on the board of directors of a school district ... a majority of the legally established number of board members shall fill such vacancy by appointment...."
The RCW does not specifically prohibit a school board member who has announced a resignation, thereby creating a vacancy, from voting on the selection of the successor to his or her position. There was a recent court case in King County in which a resigning board member's authority to vote on the selection of his successor was raised.
Summary of Bill: A school board director who has submitted a resignation is prohibited from voting on the selection of his or her replacement.
Fiscal Note: Not requested.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Testimony For: Expressly prohibiting a board member who has announced his or her resignation to take effect at a later date from voting on his or her successor will clarify this issue and may prevent future litigation.
Testimony Against: None.
Witnesses: Dwayne Slate, Washington State School Directors' Association (in favor).