WSR 10-19-047

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed September 13, 2010, 12:14 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-17-052.

Title of Rule and Other Identifying Information: WAC 392-109-120 Vacancies and special elections.

Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Wanamaker Conference Room, 600 South Washington Street, Olympia, WA 89504 [98504], on October 27, 2010, at 10:00 a.m.

Date of Intended Adoption: October 27, 2010.

Submit Written Comments to: Catherine Slagle, 600 Washington Street, Olympia, WA 98504, e-mail Catherine.slagle@k12.wa.us, fax (360) 753-4201, by October 26, 2010.

Assistance for Persons with Disabilities: Contact Kristin Collins, by October 26, 2010, TTY (360) 664-3631 or (360) 725-6270.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule change will eliminate the need for special elections whenever a vacancy occurs from any cause whatsoever, among members elected by public school boards of directors and private school elected members on the state board of education. This will allow an individual appointed by the remaining state board of education public school board members and private school advisory committee to fill the unexpired term and then the appointed person could decide to run or not once the term expires.

Reasons Supporting Proposal: Fiscal and workload savings.

Statutory Authority for Adoption: Chapter 28A.305 RCW.

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

Name of Proponent: OSPI, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Catherine Slagle, Old Capitol Building, 600 South Washington, Olympia, WA 98504, (360) 725-6136.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not necessary for this rule change.

A cost-benefit analysis is not required under RCW 34.05.328.

September 13, 2010

Randy Dorn

State Superintendent

OTS-3599.1


AMENDATORY SECTION(Amending WSR 05-22-007, filed 10/20/05, effective 11/20/05)

WAC 392-109-120   Vacancies ((and special elections)).   (1) Whenever a vacancy among members elected by public school boards of directors occurs on the state board of education, from any cause whatsoever, it shall be the duty of the remaining members representing public school boards of directors to fill such vacancy by appointment consistent with the appropriate regional position being vacated((, and)). The person so appointed shall continue in office until ((his or her successor has been specially elected)) the term expires. The appointed person has the option to step down or run for election consistent with RCW 28A.305.021 at the time the term expires.

(2) Whenever a vacancy of the approved private school elected member occurs on the state board of education, from any cause whatsoever, it shall be the duty of the private school advisory committee to fill such vacancy by appointment consistent ((with qualifications in RCW 28A.305.102 and)) RCW 28A.305.011. The person so appointed shall continue in office until ((his or her successor has been specially elected.

(3) When a vacancy occurs, the superintendent of public instruction shall include such a position in the call of election the following year; a special election to be held in the same manner as other elections provided for in this chapter, at which election a successor shall be elected to hold office for the unexpired term of the member whose position was vacated.

(4) Special elections provided for in RCW 28A.305.102 shall be conducted in accordance with this chapter)) the term expires. The appointed person has the option to step down or run for election consistent with RCW 28A.305.021 at the time the term expires.

[Statutory Authority: Chapter 28A.305 RCW and ESSB 5732. 05-22-007, 392-109-120, filed 10/20/05, effective 11/20/05. Statutory Authority: RCW 28A.305.020. 96-08-001 (Order 96-05), 392-109-120, filed 3/21/96, effective 4/21/96. Statutory Authority: 1990 c 33. 90-16-002 (Order 18), 392-109-120, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.04.020. 80-07-038 (Order 80-20), 392-109-120, filed 6/17/80.]

Washington State Code Reviser's Office