WSR 08-19-049

EMERGENCY RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed September 11, 2008, 11:54 a.m. , effective September 11, 2008, 11:54 a.m. ]


     Effective Date of Rule: Immediately.

     Purpose: Repeal and modify sections of chapter 392-340 WAC to comply with 2008 legislation. The legislation made several changes to the chapter:

• Changed the process for selecting regional committee members from an election process to an appointment by the educational service district board.
• Modified the process for school district boundary changes that are initiated by school districts.
     Because of the large amount of repealed and amended sections, we are utilizing the emergency rule process to make the changes quickly so we can provide accurate and updated WACs in a timely manner.

     Citation of Existing Rules Affected by this Order: [Amending WAC 392-340-003, 392-340-007, 392-340-00701, 392-340-207, 392-340-209, 392-340-210 and 392-340-225; and repealing WAC 392-340-009, 392-340-105, 392-340-110, 392-340-115, 392-340-120, 392-340-125, 392-340-130, 392-340-135, 392-340-140, 392-340-145, 392-340-150, 392-340-155, 392-340-160, 392-340-165, 392-340-170, 392-340-175, 392-340-180, 392-340-185, 392-340-190, 392-340-205, and 392-340-335.]

     Statutory Authority for Adoption: RCW 28A.315.005.

     Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

     Reasons for this Finding: 2008 legislation required extensive changes to the WAC chapter. Most of the changes are in the process of electing committee members to an appointment process. We needed to get rules in place because ESDs are having to appoint members very soon.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 6, Repealed 21.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: September 11, 2008.

Terry Bergeson

Superintendent of

Public Instruction

OTS-1891.1


AMENDATORY SECTION(Amending WSR 06-17-038, filed 8/8/06, effective 9/8/06)

WAC 392-340-003   Authority.   The general authority for this chapter is RCW ((28A.305.130(10))) 28A.315.005, 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), and 28A.315.205(3).

[Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). 06-17-038, recodified as § 392-340-003, filed 8/8/06, effective 9/8/06. Statutory Authority: 1999 c 315, partial veto and chapter 28A.315 RCW. 99-24-125, § 180-24-003, filed 12/1/99, effective 1/1/00. Statutory Authority: 1990 c 33. 90-17-009, § 180-24-003, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.04.120(9). 87-04-059 (Order 1-87), § 180-24-003, filed 2/4/87.]


AMENDATORY SECTION(Amending WSR 06-17-038, filed 8/8/06, effective 9/8/06)

WAC 392-340-007   Purpose and policy of chapter.   (((1))) The purpose of this chapter is the same as set forth under RCW 28A.315.015(((1))).

     (((2) It is the policy of the state that decisions on changes in school district boundaries should be made by the affected districts whenever possible. When this is not possible the decision shall be made by the appropriate regional committee on school district organization consistent with the following policies:

     (a) A balance of local petition requests and the needs of the statewide community at-large in a manner that advances the best interest of public education (see RCW 28A.315.015 (2)(a) for full text);

     (b) Contributing to logical service boundaries (see RCW 28A.315.015 (2)(b) for full text);

     (c) Enhancing the educational opportunities of pupils (see RCW 28A.315.015 (2)(c) for full text); and

     (d) Promoting a wiser use of public funds (see RCW 28A. 315.015 (2)(d) for full text).))

[Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). 06-17-038, recodified as § 392-340-007, filed 8/8/06, effective 9/8/06. Statutory Authority: 1999 c 315, partial veto and chapter 28A.315 RCW. 99-24-125, § 180-24-007, filed 12/1/99, effective 1/1/00. Statutory Authority: 1990 c 33. 90-17-009, § 180-24-007, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.04.120(9). 87-04-059 (Order 1-87), § 180-24-007, filed 2/4/87.]


AMENDATORY SECTION(Amending WSR 06-17-038, filed 8/8/06, effective 9/8/06)

WAC 392-340-00701   Regional committee ((decision-making criteria)) decision making.   (1) The regional committee shall give consideration to all of the ((following)) criteria in RCW 28A.315.015 (2)(a) through (d) and 28A.315.205 (4)(a) through (e) when reviewing the proposed transfer of territory:

     (((a) Student educational opportunities (see RCW 28A.315.205 (4)(a) for full text);

     (b) Safety and welfare of pupils (see RCW 28A.315.205 (4)(b) for full text);

     (c) History and relationship of the property affected to the students and communities affected (see RCW 28A.315.205 (4)(c) for full text). "Communities affected" includes all citizens living within the territory proposed to be transferred, all other citizens residing within the school district from which the proposed territory will be transferred, all citizens living within the immediate locale/neighborhood of which the proposed territory will become part, and all citizens residing within the school district to which the proposed territory will be transferred;

     (d) Geographic accessibility (see RCW 28A.315.205 (4)(d) for full text);

     (e) Disparities in per pupil valuation, economies of operation and transportation costs (see RCW 28A.315.205 (4)(e) for full text); and

     (f) Other criteria or considerations as may be established in rule by the superintendent of public instruction. (RCW 28A.315.015 (2)(e).)))

     (2) The boundaries of the school districts affected by a proposed change in school district organization shall be contiguous to one another.

     (3) When considering student educational opportunities under RCW 28A.315.205 (4)(a), the regional committee shall not consider one set of test scores alone as a sufficient basis to make a judgment about student educational opportunities. Test scores in the district affected by the proposed transfer of territory shall be looked at in context, including over time and by disaggregating the scores by student subgroups.

     (4) "Communities affected" under RCW 28A.315.205 (4)(c), include all citizens living within the territory proposed to be transferred, all other citizens residing within the school district from which the proposed territory will be transferred, all citizens residing within the school district to which the proposed territory will be transferred.

     (5) When considering "geographic accessability" under RCW 28A.315.205 (4)(d), (("geographic accessibility" includes, but is not limited to, consideration of)) the regional committee shall consider, but is not limited to the following factors:

     (a) Mountains, hills, valleys, wasteland, and related geographic and man-made features, which either enhance or impede travel.

     (b) Rivers, lakes, canals, and other natural or man-made waterways and bodies of water, which either enhance or impede travel.

     (c) The extent and nature of roads, highways, ferries, and traffic patterns.

     (d) Climatic conditions.

     (e) Time required to travel to and from school.

     (((4) In considering student educational opportunities under subsection (1)(a) of this section, the regional committee shall not consider one set of test scores, alone, as a sufficient basis to make a judgment about student educational opportunities. Test scores in the districts affected by the proposed transfer of territory shall be looked at in context, including over time and by disaggregating the scores by student subgroups.

     (5) In)) (6) After considering ((geographic accessibility under subsection (1)(d) of this section)) all factors, the regional committee shall make one judgment on geographic accessibility, regardless of how many individual components may apply to the particular transfer of territory petition.

     (((6))) (7) Each regional committee shall use the same criterion checklist included in the ((Lay Person's)) Guide to Changing School District Boundaries and published on the superintendent of public instruction web site.

     (((7))) (8) If a regional committee needs to continue a public hearing or schedule more than one additional hearing on a proposed transfer of territory, each such hearing is subject to public notice requirements.

     (((8))) (9) Regional committees shall use the decision format (motion) included in the ((Lay Person's)) Guide to Changing School District Boundaries and published on the superintendent of public instruction web site.

[Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). 06-17-038, amended and recodified as § 392-340-00701, filed 8/8/06, effective 9/8/06. Statutory Authority: RCW 28A.305.130(10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195. 05-19-112, § 180-24-00701, filed 9/20/05, effective 10/21/05. Statutory Authority: Chapter 28A.315 RCW. 03-23-040, § 180-24-00701, filed 11/12/03, effective 12/13/03. Statutory Authority: 1999 c 315, partial veto and chapter 28A.315 RCW. 99-24-125, § 180-24-00701, filed 12/1/99, effective 1/1/00.]


AMENDATORY SECTION(Amending WSR 06-17-038, filed 8/8/06, effective 9/8/06)

WAC 392-340-207   Transfer of territory -- Other district requirements.   (1) At least one member of each school board whose district is affected by a proposed transfer of territory must be part of the respective district's negotiating team.

     (2)(a) Upon reaching a decision recommendation through the district-to-district negotiation process on a proposed transfer of territory, the negotiating parties shall produce, at a minimum, a written summary of the recommendation, including rationale for the recommendation, and submit to the respective affected school district boards of directors.

     (b) Each school board of directors shall adopt at a public meeting of the board a written resolution indicating whether the board approves or disapproves the recommendation on the proposed transfer of territory. The resolution format included in the ((Lay Person's)) Guide to Changing School District Boundaries and published on the superintendent of public instruction web site shall be used.

[Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). 06-17-038, amended and recodified as § 392-340-207, filed 8/8/06, effective 9/8/06. Statutory Authority: RCW 28A.305.130(10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195. 05-19-112, § 180-24-207, filed 9/20/05, effective 10/21/05.]


AMENDATORY SECTION(Amending WSR 06-17-038, filed 8/8/06, effective 9/8/06)

WAC 392-340-209   Transfer of territory -- Sufficiency of written record for appeal to the superintendent of public instruction -- Referral of case back to regional committee.   (1) For purposes of review by the superintendent of public instruction, the record of regional committee proceedings must be sufficient to allow the superintendent of public instruction to determine what facts the regional committee relied on in applying the required statutory and regulatory criteria. Evidence of facts relied on may be contained in the written findings required in RCW 28A.315.205(2) or in a written verbatim transcript of the proceedings, or elsewhere in the record.

     (2) When referring a transfer of territory case back to the originating regional committee, the superintendent of public instruction will make every effort to submit the written referral ((within fourteen days of a decision)) as expeditiously as possible.

[Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). 06-17-038, amended and recodified as § 392-340-209, filed 8/8/06, effective 9/8/06. Statutory Authority: RCW 28A.305.130(10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195. 05-19-112, § 180-24-209, filed 9/20/05, effective 10/21/05.]


AMENDATORY SECTION(Amending WSR 06-17-038, filed 8/8/06, effective 9/8/06)

WAC 392-340-210   Adjustment of assets and liabilities--Time considerations.   (((1) In determining an equitable adjustment of assets and liabilities, the negotiating school districts and the regional committees shall consider the factors under RCW 28A.315.245.

     (2))) A regional committee is authorized to phase in the adjustment of assets and liabilities over a period not less than two years nor more than eight years. This authorization is subject to the annual March 1 deadline for taxing districts to establish the taxing boundaries and rates for the ensuing tax collection year.

[Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). 06-17-038, recodified as § 392-340-210, filed 8/8/06, effective 9/8/06. Statutory Authority: RCW 28A.305.130(10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195. 05-19-112, § 180-24-210, filed 9/20/05, effective 10/21/05. Statutory Authority: 1999 c 315, partial veto and chapter 28A.315 RCW. 99-24-125, § 180-24-210, filed 12/1/99, effective 1/1/00.]


AMENDATORY SECTION(Amending WSR 06-17-038, filed 8/8/06, effective 9/8/06)

WAC 392-340-225   Frequency of petitions -- Limitation.   (((1) The authority for this section is RCW 28A.315.195(4) which authorizes the superintendent of public instruction 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.

[Statutory Authority: RCW 28A.305.130 (5), (10), 28A.315.015 (2)(e), 28A.315.175, 28A.315.195(4), 28A.315.205(3). 06-17-038, amended and recodified as § 392-340-225, filed 8/8/06, effective 9/8/06. Statutory Authority: Chapter 28A.315 RCW. 04-04-091, § 180-24-225, filed 2/3/04, effective 3/5/04.]


NEW SECTION
WAC 392-340-336   Regional committee members -- Position numbers -- Appointments -- Terms of office.   (1) Regional committee members shall be appointed by the educational service district boards of directors in accordance with RCW 28A.315.105.

     (2) Regional committee member position numbers shall be assigned by the educational service district superintendent. Regional committee member positions one, three, seven, and nine shall serve terms staggered with positions two, four, six, and eight. Each position shall correspond to an educational service district director districts determined pursuant to chapter 28A.310 RCW.

     (3) Regular appointments of regional committee members shall be made in even-numbered years for four-year terms.

     (4) Appointments to fill vacancies occurring during a term shall be made as soon as possible and shall be for the remainder of the original term.

     (5) Each committee member must reside in the director district for which the appointment is made.

[]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 392-340-009 Constitutional and statutory framework.
WAC 392-340-105 Election of regional committee members -- Applicable provisions.
WAC 392-340-110 Election of regional committee members -- Election officer.
WAC 392-340-115 Election of regional committee members -- Dissolution -- Position numbers -- Initial elections -- Regular elections -- Terms of office.
WAC 392-340-120 Election of regional committee members -- Tentative certification of electors.
WAC 392-340-125 Election of regional committee members -- Call for election -- Regional committee members.
WAC 392-340-130 Election of regional committee members -- Candidates -- Eligibility -- Filing.
WAC 392-340-135 Election of regional committee members -- Declaration and affidavit of candidacy form.
WAC 392-340-140 Election of regional committee members -- Biographical data form.
WAC 392-340-145 Election of regional committee members -- Withdrawal of candidacy.
WAC 392-340-150 Election of regional committee members -- Ballots -- Contents.
WAC 392-340-155 Election of regional committee members -- Ballots and envelopes -- Mailing to voters.
WAC 392-340-160 Election of regional committee members -- Voting -- Marking and return of ballots.
WAC 392-340-165 Election of regional committee members -- Election board -- Appointment and composition.
WAC 392-340-170 Election of regional committee members -- Receipt of ballots and count of votes.
WAC 392-340-175 Election of regional committee members -- Ineligible votes.
WAC 392-340-180 Election of regional committee members -- Recount of votes cast -- Automatic or by request.
WAC 392-340-185 Election of regional committee members -- Certification of election.
WAC 392-340-190 Election of regional committee members -- Run-off elections.
WAC 392-340-205 Transfer of territory--Procedures and timelines.
WAC 392-340-335 Election of regional committee members -- Certification of electors.

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