WSR 02-14-118

PROPOSED RULES

STATE BOARD OF EDUCATION


[ Filed July 2, 2002, 2:02 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-08-045.

     Title of Rule: Chapter 180-22 WAC, Educational service districts and chapter 180-23 WAC, Educational service districts -- Election of board members.

     Purpose: Repeals chapter 180-23 WAC and incorporates necessary sections into chapter 180-22 WAC.

     Statutory Authority for Adoption: RCW 28A.21.020, 29A.21.031.

     Summary: The State Board of Education recommends repeal and merge of these chapters as a result of the board's Mandate Review Committee.

     Reasons Supporting Proposal: Updates current language and reduces number of chapters in WAC.

     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.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: The state board is current in its second cycle of reviewing all board rules and the related authorizing statutes. The cycle is repeated every three years by board rule. The Mandate Review Committee of the board recommends the repeal and merge of these chapters.

     Proposal Changes the Following Existing Rules: Repeals and merges current language.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

     RCW 34.05.328 does not apply to this rule adoption. Not applicable.

     Hearing Location: Enumclaw School District Board Room, 2929 McDougall Avenue, Enumclaw, WA 98022-7499, on August 21, 2002, at 8:30 a.m.

     Assistance for Persons with Disabilities: Contact Laura Moore by August 13, 2002, TDD (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, Patty Martin, Associate Director, fax (360) 586-2357, by August 13, 2002.

     Date of Intended Adoption: August 23, 2002.

June 27, 2002

Larry Davis

Executive Director

OTS-5496.1

EDUCATIONAL SERVICE DISTRICTS -- ORGANIZATION
AMENDATORY SECTION(Amending WSR 90-17-009, filed 8/6/90, effective 9/6/90)

WAC 180-22-100   Purpose and authority.   (1) The ((authority for)) purpose of this chapter is ((RCW 28A.310.020 which authorizes the state board of education to make)) to establish the procedures for making changes in the number and boundaries of educational service districts, and the procedures for electing the members of the boards of directors of the educational service districts.

     (2) The authority for this chapter is RCW 28A.310.020 and 28A.310.080.

[Statutory Authority: 1990 c 33. 90-17-009, § 180-22-100, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.21.020. 84-21-001 (Order 9-84), § 180-22-100, filed 10/4/84.]


AMENDATORY SECTION(Amending Order 9-84, filed 10/4/84)

WAC 180-22-140   Territorial organization of educational service districts.   It shall be the purpose of the statewide territorial organization of educational service districts to more readily and efficiently adapt to the changing economic pattern and educational program in the state so that the children of the state will be provided more equal and equitable educational ((opportunity)) opportunities.

[Statutory Authority: RCW 28A.21.020. 84-21-001 (Order 9-84), § 180-22-140, filed 10/4/84.]


AMENDATORY SECTION(Amending WSR 98-05-003, filed 2/4/98, effective 3/7/98)

WAC 180-22-150   Educational service districts -- Criteria for organization.   The establishment of educational service districts shall be in accordance with the criteria ((hereinafter)) set forth below. In making a determination ((of)) about the boundaries of an educational service district, reasonable weight shall be given by the state board of education to each criterion individually and to all criteria collectively. Failure to meet any single criterion shall not necessarily prohibit the establishment of an educational service district, if in the judgment of the state board of education, the establishment of the educational service district is warranted by a collective consideration of all the criteria.

     (1) Program and staff. An educational service district shall have the ability to support an administrative unit of sufficient staff to provide a program of educational services ((including but not limited to leadership and consultant services in administration and finance, in-service education programs for teachers and administrators, special services for the handicapped and educationally talented, planning of school facilities, counseling and guidance, instructional materials, and development of projects and proposals under various federal acts)) that meet the requirements of RCW 28A.310.010, 28A.310.180, 28A.310.190, and 28A.310.350.

     (2) Size. An educational service district should have no more than a maximum area of 7,500 square miles((,)) nor ((should an educational district have)) less than a minimum area of 1,700 square miles.

     (3) School enrollment. An educational service district ((shall)) should have a potential of 15,000 students ((within the clearly foreseeable future)) or more.

     (4) Topography and climate. In establishing the boundaries of an educational service district, consideration shall be given to topography and climate as these factors may affect the educational services to be provided and the economic efficiency of the program.

[Statutory Authority: RCW 28A.310.020. 98-05-003, § 180-22-150, filed 2/4/98, effective 3/7/98. Statutory Authority: RCW 28A.21.020. 84-21-001 (Order 9-84), § 180-22-150, filed 10/4/84; Order 4-77, § 180-22-150, filed 6/2/77; Order 3-69, § 180-22-150, filed 6/27/69; Emergency Order 1-69, filed 5/1/69.]

     EDUCATIONAL SERVICE DISTRICTS -- ELECTION OF BOARD MEMBERS
NEW SECTION
WAC 180-22-201   Election of educational service district board members.   (1) The procedures governing the election of members to the boards of directors of educational service districts are set forth under RCW 18A.310.080 through 28A.310.110 and WAC 180-22-205 through 180-22-225.

     (2) Elections for members of boards of educational service districts shall be conducted biennially in odd-numbered years.

[]


NEW SECTION
WAC 180-22-205   Elector provisions.   (1) It shall be the responsibility of the educational service districts to assure that the secretary to the state board of education is provided current and correct information necessary to the conduct of the elections provided for in this chapter. Forms published by the secretary to the state board of education for the purpose of providing the following essential information shall be obtained, completed and submitted on a current basis:

     (a) The name, legal residence, mailing address and board-member district number of persons serving on the educational service district board of directors; and

     (b) The position numbers for which appointments have been made to fill unexpired terms.

     (2) On August 21st of the year of election or, if such date is a Saturday, Sunday, or holiday, the state working day immediately preceding such date, the secretary to the state board of education shall certify a tentative list of electors consisting of all persons eligible to vote if the election were held on that date.

     (3) The list of eligible voters shall remain open for changes and deletions until 5:00 p.m. September 26th or, in the event such date is a Saturday, Sunday, or holiday, until 5:00 p.m. the working day immediately following such date. The secretary to the state board of education as soon thereafter as is practical shall certify the list of electors.

[]


NEW SECTION
WAC 180-22-210   Publicity and call of election.   (1) The secretary to the state board of education shall biennially provide reasonable public information concerning the election of educational service district board members through press and publication releases beginning in May of the year the elections are to be called.

     (2) Call of election. See RCW 28A.310.080.

[]


NEW SECTION
WAC 180-22-215   Candidate qualifications -- Forms -- Filing -- Withdrawal of candidacy.   (1) Eligibility. A person is eligible to be a candidate for membership on an educational service district board if he or she is a registered voter and a resident of the board-member district for which the candidate files. Restriction on other service pursuant to RCW 28A.310.070.

     (2) Declaration and affidavit of candidacy. A person who desires to file for candidacy shall complete and file with the state board of education a declaration and affidavit of candidacy form as a condition to having his or her name placed on the official ballot. The form is available through the state board of education office in Olympia or through the local educational service district office.

     (3) Optional biographical form. A person who desires to file for candidacy has the option of completing and filing with the state board of education, for inclusion with balloting information, a biographical form. The form is available through the state board of education office in Olympia or through the local educational service district office.

     (4) Filing period. The filing period is set forth under RCW 28A.310.080. The filing period for candidates for any position on an educational service district board is from September 1st through September 16th. Any declaration and affidavit of candidacy that is postmarked on or before midnight September 16th and received by mail prior to the printing of ballots shall be accepted. Any declaration and affidavit of candidacy that is received by United States mail on or before 5:00 p.m. September 21st and is not postmarked or legibly postmarked shall be accepted.

     (5) Any candidate may withdraw his or her declaration and affidavit of candidacy by delivering a written, signed and notarized statement of withdrawal to the secretary to the state board of education on or before 5:00 p.m. September 21st. A candidate's failure to withdraw as prescribed above shall result in the inclusion of the candidate's name on the appropriate election ballot.

[]


NEW SECTION
WAC 180-22-220   Balloting.   (1) Ballots shall be prepared by the secretary to the state board of education. The ballot for each position subject to election shall contain the name of each candidate eligible for the particular position. There shall be a separate listing of the candidates for each board-member district open in the particular educational service district. A board-member district position shall be stricken from the ballot if no candidate files for the position within the timelines specified in RCW 28A.310.080 and WAC 180-22-215.

     (2)(a) The secretary to the state board of education shall develop voting instructions which shall accompany the ballots. Any candidates' biographical data shall also accompany the ballots.

     (b) On or before October 1st, ballots shall be mailed to voters with two envelopes to be used for voting.

     (i) The outer, larger envelope (i.e., official ballot envelope) shall be labeled "official ballot"; be preaddressed with the "secretary to the state board of education" as addressee; have provision for prepaid postage; and have provision for the identification of the voter, mailing address, his or her school district, and his or her educational service district.

     (ii) The inner, smaller envelope shall be unlabeled and unmarked.

     (3) Marking of ballots. Each member of a public school district board of directors may vote for one of the candidates in each board-member district named on his or her ballot by placing an "X" or other mark in the space provided next to the name of a candidate.

     (4) Return of ballots. Each member of a public school district board of directors shall complete voting by placing his or her marked official ballot in the smaller, unmarked envelope and sealing the same; placing the smaller envelope containing the ballot in the larger preaddressed envelope marked "official ballot" and sealing the same; if not already designated, completing the following information on the face of the official ballot envelope: Name, mailing address, identification of school district and educational service district; and placing the official ballot envelope in the United States mail to the secretary to the state board of education.

[]


NEW SECTION
WAC 180-22-225   Counting -- Ineligible votes -- Recount -- Certification of election -- Special election.   (1)(a) As official ballot envelopes are received by the secretary to the state board of education, a preliminary determination shall be made as to the eligibility of the voter and a record shall be made on the list of eligible voters that the voter has voted.

     (b) Official ballot envelopes not submitted in compliance with this chapter and other envelopes containing ballots shall be set aside for a final review and acceptance or rejection by the election board.

     (2)(a) The election board shall convene for the purpose of counting votes on October 25th or, if such date is a Saturday, Sunday, or holiday, the state working day immediately preceding or following such date at a date, time and place designated by the secretary to the state board of education.

     (b) Official ballot envelopes that are accepted by the election board shall be opened and the inner envelopes containing ballots shall be removed and placed aside, still sealed. The inner envelopes shall then be opened and the votes counted by the election board.

     (c) No record shall be made or maintained of the candidate for which any voter cast his or her vote.

     (3) Ineligible votes. the following ballots and votes shall be declared void and shall not be accepted:

     (a) Votes for write-in candidates.

     (b) Votes cast on other than an official ballot.

     (c) Ballots which contain a vote for more than one candidate in a board-member district.

     (d) Ballots contained in other than the official ballot envelope.

     (e) Ballots contained in the official ballot envelope upon which the voter's name is not designated.

     (f) Ballots received after 5:00 p.m. October 16th. However, any ballot that is postmarked on or before midnight October 16th and received prior to the initial counting of votes by the election board shall be accepted. Any ballot received pursuant to the United States mail on or before 5:00 p.m. on October 21st that is not postmarked or legibly postmarked shall be accepted.

     (g) Such other ballots or votes as the election board shall determine to be unidentifiable or unlawful.

     (4)(a) Recounts. Automatic. A recount of votes cast shall be automatic if the electoral vote difference between any two candidates for the same position is one vote or less than one percent of electoral votes on a single ballot cast for the position, whichever is greater.

     (b) Recounts. Upon request. A recount of votes cast shall be afforded any candidate as a matter of right. The request shall be made in writing and received by the secretary to the state board of education within seven calendar days after the date upon which the votes were counted by the election board.

     (5) Certification of election. Within ten calendar days after the date upon which the votes were counted, and no sooner than eight calendar days after the votes are counted by the election board, the secretary to the state board of education shall officially certify to the county auditor of the headquarters county of the educational service district the name or names of candidates elected to membership on the educational service district board of directors.

     (6) Special election. See RCW 28A.310.100.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 180-22-105 Purpose.

OTS-5497.1


REPEALER
     The following chapter of the Washington Administrative Code is repealed:
WAC 180-23-037 Authority.
WAC 180-23-040 Purpose.
WAC 180-23-043 Election officer.
WAC 180-23-047 Biennial elections.
WAC 180-23-050 Information necessary for the conduct of elections -- Responsibility of school officials.
WAC 180-23-055 Publicity.
WAC 180-23-058 Tentative certification of electors.
WAC 180-23-060 Call of election.
WAC 180-23-065 Candidates -- Eligibility -- Filing.
WAC 180-23-070 Declaration and affidavit of candidacy form.
WAC 180-23-075 Biographical data form.
WAC 180-23-077 Withdrawal of candidacy.
WAC 180-23-078 Certification of electors.
WAC 180-23-080 Ballots -- Contents.
WAC 180-23-085 Ballots and envelopes -- Mailing to voters.
WAC 180-23-090 Voting -- Marking and return of ballots.
WAC 180-23-095 Election board -- Appointment and composition.
WAC 180-23-100 Receipt of ballots and count of votes.
WAC 180-23-105 Ineligible votes.
WAC 180-23-110 Recount of votes cast -- Automatic -- By request.
WAC 180-23-115 Certification of election.
WAC 180-23-120 Special elections.

© Washington State Code Reviser's Office