WSR 06-19-033


[ Filed September 13, 2006, 2:19 p.m. ]

During the 2006 legislative session, E2SHB 3098 was adopted and signed into law transferring powers, duties, and functions in several areas from the state board of education (SBE) to the office of the superintendent of public instruction (OSPI). This included the responsibility for the election of educational service district (ESD) boards of directors. However, the SBE retained the authority to determine ESD boundaries as set forth in RCW 28A.310.020.

Pursuant to E2SHB 3096, OSPI requested that chapter 180-22 WAC, Educational service districts, be recodified in its entirely to a new chapter in Title 392 WAC, Office of Superintendent of Public Instruction. This was accomplished by a filing published in the state register on June 22, 2006. However, this request resulted in a transfer of authority to OSPI of all matters governing educational school districts including the authority to set ESD boundaries. The result was the inadvertent recodification of the following rules in former chapter 180-22 WAC into chapter 392-107 WAC.

1. WAC 180-22-100 Purpose and authority, recodified to WAC 392-107-100.

2. WAC 180-22-140 Territorial organization of educational school districts, recodified to WAC 392-107-140.

3. WAC 180-22-150 Educational service districts criteria for organization, recodified to WAC 392-107-150.

Since this was in error, we are at this time requesting that WAC 392-107-100, 392-107-140, and 392-107-150 be recodified in chapter 180-22 WAC as previously listed.

Edie Harding, Executive Director

State Board of Education

Dr. Terry Bergeson

Superintendent of Public Instruction

Washington State Code Reviser's Office