BILL REQ. #:  H-5440.1 

READ FIRST TIME 02/12/08.   

     AN ACT Relating to school district boundaries and organization; amending RCW 28A.315.195, 28A.315.205, 28A.315.085, 28A.315.105, 28A.315.165, 28A.323.020, and 28A.343.070; adding a new section to chapter 28A.315 RCW; creating a new section; recodifying RCW 28A.323.020; and repealing RCW 28A.315.125, 28A.315.135, 28A.315.145, and 28A.323.030.

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

Sec. 1   RCW 28A.315.195 and 2006 c 263 s 502 are each amended to read as follows:
     (1) A proposed change in school district organization by transfer of territory from one school district to another may be initiated by a petition in writing presented to the educational service district superintendent:
     (a) Signed by at least fifty percent plus one of the active registered voters residing in the territory proposed to be transferred; or
     (b) Signed by a majority of the members of the board of directors of one of the districts affected by a proposed transfer of territory and providing documentation that, before signing the petition, the board of directors took the following actions:
     (i) Communicated the proposed transfer to the board of directors of the affected district or districts and provided an opportunity for the board of the affected district or districts to respond;
     (ii) Communicated the proposed transfer to the registered voters residing in the territory proposed to be transferred, provided notice of a public hearing regarding the proposal, and provided the voters an opportunity to comment on the proposal at the public hearing; and
     (iii) Consulted with the statewide chair of regional committees designated under RCW 28A.315.085.
     (2) The petition shall state the name and number of each district affected, describe the boundaries of the territory proposed to be transferred, and state the reasons for desiring the change and the number of children of school age, if any, residing in the territory.
     (3) The educational service district superintendent shall not complete any transfer of territory under this section that involves ten percent or more of the common school student population of the entire district from which the transfer is proposed, unless the educational service district superintendent has first called and held a special election of the voters of the entire school district from which the transfer of territory is proposed. The purpose of the election is to afford those voters an opportunity to approve or reject the proposed transfer. A simple majority shall determine approval or rejection.
     (4) The superintendent of public instruction may establish rules limiting the frequency of petitions that may be filed pertaining to territory included in whole or in part in a previous petition.
     (5) Upon receipt of the petition, the educational service district superintendent shall notify in writing the affected districts that:
     (a) Each school district board of directors, whether or not initiating a proposed transfer of territory, is required to enter into negotiations with the affected district or districts;
     (b) In the case of a citizen-initiated petition, the affected districts must negotiate on the entire proposed transfer of territory;
     (c) The districts have ninety calendar days in which to agree to the proposed transfer of territory;
     (d) The districts may request and shall be granted by the educational service district superintendent one thirty-day extension to try to reach agreement; and
     (e) Any district involved in the negotiations may at any time during the ninety-day period notify the educational service district superintendent in writing that agreement will not be possible.
     (6) If the negotiating school boards cannot come to agreement about the proposed transfer of territory, the educational service district superintendent, if requested by the affected districts, shall appoint a mediator. The mediator has thirty days to work with the affected school districts to see if an agreement can be reached on the proposed transfer of territory.
     (7) If the affected school districts cannot come to agreement about the proposed transfer of territory, and the districts do not request the services of a mediator or the mediator was unable to bring the districts to agreement, either district may file with the educational service district superintendent a written request for a hearing by the regional committee.
     (8) If the affected school districts cannot come to agreement about the proposed transfer of territory initiated by citizen petition, and the districts do not request the services of a mediator or the mediator was unable to bring the districts to agreement, the district in which the citizens who filed the petition reside shall file with the educational service district superintendent a written request for a hearing by the regional committee, unless a majority of the citizen petitioners request otherwise.
     (9) Upon receipt of a notice under subsection (7) or (8) of this section, the educational service district superintendent shall notify the chair of the regional committee in writing within ten days.
     (10) Costs incurred by school districts under this section shall be reimbursed by the state from such funds as are appropriated for this purpose.

Sec. 2   RCW 28A.315.205 and 2006 c 263 s 503 are each amended to read as follows:
     (1) The chair of the regional committee shall schedule a hearing on the proposed transfer of territory at a location in the educational service district within sixty calendar days of being notified under RCW 28A.315.195 (7) or (8).
     (2) Within thirty calendar days of the hearing under subsection (1) of this section, or final hearing if more than one is held by the committee, the committee shall issue its written findings and decision to approve or disapprove the proposed transfer of territory. The educational service district superintendent shall transmit a copy of the committee's decision to the superintendents of the affected school districts within ten calendar days.
     (3) In carrying out the purposes of RCW 28A.315.015 and in making decisions as authorized under RCW 28A.315.095(1), the regional committee shall base its judgment upon whether and to the extent the proposed change in school district organization complies with RCW 28A.315.015(2) and rules adopted by the superintendent of public instruction under chapter 34.05 RCW.
     (4) The rules under subsection (3) of this section shall provide for giving consideration to all of the following:
     (a) Student educational opportunities as measured by the percentage of students performing at each level of the statewide mandated assessments and data regarding student attendance, graduation, and dropout rates;
     (b) The safety and welfare of pupils. For the purposes of this subsection, "safety" means freedom or protection from danger, injury, or damage and "welfare" means a positive condition or influence regarding health, character, and well-being;
     (c) The history and relationship of the property affected to the students and communities affected, including, for example, ((inclusion within a single school district, for school attendance and corresponding tax support purposes, of entire master planned communities that were or are to be developed pursuant to an integrated commercial and residential development plan with over one thousand dwelling units)) the impact of the growth management act and current or proposed urban growth areas, city boundaries, and master planned communities;
     (d) Whether or not geographic accessibility warrants a favorable consideration of a recommended change in school district organization, including remoteness or isolation of places of residence and time required to travel to and from school; and
     (e) All funding sources of the affected districts, equalization among school districts of the tax burden for general fund and capital purposes through a reduction in disparities in per pupil valuation when all funding sources are considered, improvement in the economies in the administration and operation of schools, and the extent the proposed change would potentially reduce or increase the individual and aggregate transportation costs of the affected school districts.
     (5)(a)(i) A petitioner or school district may appeal a decision by the regional committee to the superintendent of public instruction based on the claim that the regional committee failed to follow the applicable statutory and regulatory procedures or acted in an arbitrary and capricious manner. Any such appeal shall be based on the record and the appeal must be filed within thirty days of the final decision of the regional committee. The appeal shall be heard and determined by an administrative law judge in the office of administrative hearings, based on the standards in (a)(ii) of this subsection.
     (ii) If the administrative law judge finds that all applicable procedures were not followed or that the regional committee acted in an arbitrary and capricious manner, the administrative law judge shall refer the matter back to the regional committee with an explanation of his or her findings. The regional committee shall rehear the proposal.
     (iii) If the administrative law judge finds that all applicable procedures were followed or that the regional committee did not act in an arbitrary and capricious manner, depending on the appeal, the educational service district shall be notified and directed to implement the changes.
     (b) Any school district or citizen petitioner affected by a final decision of the regional committee may seek judicial review of the committee's decision in accordance with RCW 34.05.570.

Sec. 3   RCW 28A.315.085 and 2006 c 263 s 507 are each amended to read as follows:
     (1) The superintendent of public instruction shall furnish to regional committees the services of employed personnel and the materials and supplies necessary to enable them to perform the duties imposed upon them by this chapter. ((Members shall be reimbursed for expenses necessarily incurred by them in the performance of their duties in accordance with RCW 28A.315.155.)) In addition, the superintendent shall designate an individual to serve as the statewide chair and be a nonvoting member of each regional committee created under RCW 28A.315.015. The statewide chair designated under this section shall be an employee or a contractor of the office of the superintendent of public instruction. The purpose of designating a statewide chair is to ensure conformity of the regional committees to legal procedures and rules regarding the committees' consideration of petitions; provide consistency in the application of laws, rules, criteria, and procedures across the state; offer expertise in issues related to school district organization; and provide expertise in managing meetings and conducting public hearings to enhance the deliberation of regional committees. The statewide chair shall also provide training for members of regional committees, including coordinating any training offered under RCW 28A.315.185, and provide assistance to educational service district superintendents in carrying out the responsibilities assigned under this chapter.
     (2) Costs that may be incurred by an educational service district in association with school district negotiations under RCW 28A.315.195 and supporting the regional committee under RCW 28A.315.205 shall be reimbursed by the state from such funds as are appropriated for these purposes.

Sec. 4   RCW 28A.315.105 and 1985 c 385 s 2 are each amended to read as follows:
     (1) There is hereby created in each educational service district a committee which shall be known as the regional committee on school district organization, which committee shall be composed of the statewide chair designated under RCW 28A.315.085 and not less than seven nor more than nine registered voters of the educational service district, the number to correspond with the number of board member districts established for the governance of the educational service district in which the regional committee is located. The statewide chair shall be a nonvoting member of each regional committee.
     (2) Except for the statewide chair, members of each regional committee shall be appointed to serve a four-year term by the educational service district board of the district in which the regional committee is located. One member of the regional committee shall be ((elected from the registered voters of)) appointed from each such educational service district board member district. Appointed members of regional committees must be registered voters and reside in the educational service district board member district from which they are appointed. Members of regional committees who were elected before the effective date of this section may serve the remainder of their four-year terms. Vacancies occurring for any reason, including at the end of the term of any member of a regional committee who was elected before the effective date of this section, shall be filled by appointment by the educational service district board of directors as provided in this section.
     (3) In the event of a change in the number of educational service districts or in the number of educational service district board members pursuant to chapter 28A.310 RCW, a new regional committee shall be appointed for each affected educational service district at the expiration of the terms of the majority of the members of the regional committee. Those persons who were serving on a regional committee within an educational service district affected by a change in the number of districts or board members shall continue to constitute the regional committee for the educational service district within which they are registered to vote until the majority of a new board has been appointed.
     (4) No appointed member of a regional committee may continue to serve on the committee if he or she ceases to be a registered voter of the educational service district board member district or if he or she is absent from three consecutive meetings of the committee without an excuse acceptable to the committee.

Sec. 5   RCW 28A.315.165 and 1990 c 33 s 297 are each amended to read as follows:
     Each regional committee shall ((organize by electing)) elect from its membership ((a chair and)) a vice chair who shall chair committee meetings in the event of the temporary absence of the statewide chair designated under RCW 28A.315.085. The educational service district superintendent shall be the secretary of the committee. Meetings of the committee shall be held upon call of the statewide chair ((or of a majority of the members thereof)). A majority of the voting members of the committee shall constitute a quorum.

NEW SECTION.  Sec. 6   The following acts or parts of acts are each repealed:
     (1) RCW 28A.315.125 (Regional committees -- Election of members--Qualifications) and 2006 c 263 s 508, 1993 c 416 s 2, 1990 c 33 s 295, 1985 c 385 s 4, & 1975-'76 2nd ex.s. c 15 s 1;
     (2) RCW 28A.315.135 (Regional committees -- Vacancies) and 1985 c 385 s 5, 1975 1st ex.s. c 275 s 81, 1969 ex.s. c 176 s 117, & 1969 ex.s. c 223 s 28A.57.033; and
     (3) RCW 28A.315.145 (Regional committees -- Terms of members) and 1993 c 416 s 3, 1990 c 33 s 296, 1985 c 385 s 6, & 1969 ex.s. c 223 s 28A.57.034.

Sec. 7   RCW 28A.323.020 and 2006 c 263 s 612 are each amended to read as follows:
     The duties in this chapter imposed upon and required to be performed by a regional committee and by an educational service district superintendent in connection with a change in the organization and extent of school districts and/or with the adjustment of the assets and liabilities of school districts and with all matters related to such change or adjustment whenever territory lying in ((a single)) more than one educational service district is involved shall be performed ((jointly)) by the regional committee((s)) and by the superintendent((s)) of the ((several)) educational service district((s as required whenever territory lying in more than one educational service district is involved in a proposed change in the organization and extent of school districts: PROVIDED, That a regional committee may designate three of its members, or two of its members and the educational service district superintendent, as a subcommittee to serve in lieu of the whole committee, but action by a subcommittee shall not be binding unless approved by a majority of the regional committee)) in which is located the part of the proposed or enlarged school district having the largest number of common school pupils residing therein. Proposals for changes in the organization and extent of school districts and proposed terms of adjustment of assets and liabilities thus prepared and approved shall be submitted to the superintendent of public instruction ((by the regional committee of the educational service district in which is located the part of the proposed or enlarged district having the largest number of common school pupils residing therein)).

NEW SECTION.  Sec. 8   RCW 28A.323.030 (School districts in two or more educational service districts -- Proposed change or adjustment--Procedure when one committee does not approve or fails to act--Temporary committee) and 1990 c 33 s 310, 1985 c 385 s 26, 1975 1st ex.s. c 275 s 96, 1969 ex.s. c 176 s 132, & 1969 ex.s. c 223 s 28A.57.245 are each repealed.

NEW SECTION.  Sec. 9   RCW 28A.323.020 is recodified as a new section in chapter 28A.315 RCW.

Sec. 10   RCW 28A.343.070 and 1990 c 33 s 324 are each amended to read as follows:
     Each educational service district superintendent shall prepare and keep in his or her office (((1))) a map showing the boundaries of the directors' districts of all school districts in or belonging to his or her educational service district that are so divided((, and (2) a record of the action taken by the regional committee in establishing such boundaries)).

NEW SECTION.  Sec. 11   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2008, in the omnibus appropriations act, this act is null and void.