title: RCW 28A.525.176

text:
The superintendent of public instruction shall furnish to school districts seeking state assistance under the provisions of RCW 28A.525.162 through 28A.525.180 consultatory and advisory service in connection with the development of school building programs and the planning of school plant facilities.
[ 2006 c 263 s 316; 1990 c 33 s 461; 1974 ex.s. c 56 s 6; 1969 ex.s. c 244 s 9. Formerly RCW 28A.47.808, 28.47.808.]
Notes:
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
Severability—1974 ex.s. c 56: See note following RCW 28A.525.162.
Severability—1969 ex.s. c 244: See note following RCW 28A.525.162.

catchline: Allotment of appropriations for school plant facilities—Consultatory and advisory service from the superintendent of public instruction.


doc_type: statute

jurisdiction: wa

title: RCW 28A.525.178

text:
When economies may be affected without impairing the usefulness and adequacy of school buildings, the superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory panel, may prescribe rules and establish procedures governing the preparation and use of modifiable basic or standard plans for school building construction projects for which state assistance funds provided by RCW 28A.525.162 through 28A.525.180 are allotted.
[ 2006 c 263 s 317; 1990 c 33 s 462; 1974 ex.s. c 56 s 7; 1969 ex.s. c 244 s 10. Formerly RCW 28A.47.809, 28.47.809.]
Notes:
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
Severability—1974 ex.s. c 56: See note following RCW 28A.525.162.
Severability—1969 ex.s. c 244: See note following RCW 28A.525.162.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Allotment of appropriations for school plant facilities—Modifiable basic or standard plans for school buildings.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 28A.525.180

text:
The total amount of funds appropriated under the provisions of RCW 28A.525.162 through 28A.525.180 shall be reduced by the amount of federal funds made available during each biennium for school construction purposes under any applicable federal law. The funds appropriated by RCW 28A.525.162 through 28A.525.180 and available for allotment by the superintendent of public instruction shall be reduced by the amount of such federal funds made available. Notwithstanding the foregoing provisions of this section, the total amount of funds appropriated by RCW 28A.525.162 through 28A.525.180 shall not be reduced by reason of any grants to any school district of federal moneys paid under Public Law No. 815 or any other federal act authorizing school building construction assistance to federally affected areas.
[ 2006 c 263 s 318; 1990 c 33 s 463; 1974 ex.s. c 56 s 8; 1969 ex.s. c 244 s 11. Formerly RCW 28A.47.810, 28.47.810.]
Notes:
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
Severability—1974 ex.s. c 56: See note following RCW 28A.525.162.
Severability—1969 ex.s. c 244: See note following RCW 28A.525.162.

catchline: Allotment of appropriations for school plant facilities—Reduction of appropriation for receipt of federal funds.


title: RCW 28A.525.190

text:
The superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory panel[,] shall prioritize the construction of common school facilities only from funds appropriated and available in the common school construction fund.
[ 2006 c 263 s 319; 1975 1st ex.s. c 98 s 2. Formerly RCW 28A.47.820.]
Notes:
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
Effective date—1975 1st ex.s. c 98: See note following RCW 28A.525.166.

catchline: Prioritizing construction of common school facilities.


title: RCW 28A.525.200

text:
Notwithstanding any other provision of RCW 28A.525.010 through 28A.525.200, the allocation and distribution of funds by the superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory panel, for the purposes of providing assistance in the construction of school plant facilities shall be governed by this chapter.
[ 2015 1st sp.s. c 4 s 24; 2006 c 263 s 320; 1990 c 33 s 465; 1985 c 136 s 2; 1977 ex.s. c 227 s 1. Formerly RCW 28A.47.830.]
Notes:
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.

catchline: Allocation and distribution of funds for school plant facilities governed by chapter.


title: RCW 28A.525.310

text:
The board of directors of any school district may use the proceeds of voter-approved bonds, voter-approved levies, state allocations for financial assistance, or other funds available to the district for: (1) Payment of an installment purchase contract for school plant facilities; or (2) payments under any financing lease the term of which is ten years or longer and that contains an option by the school district to purchase the leased property for nominal consideration. The authority granted by this section for the use of moneys from such sources is in addition to, and not in limitation of, any other authority provided by law, and the proceeds of voter-approved bonds or tax levies may be used for such payments to the full extent allowed by Article VII, section 2 of the state Constitution.
[ 1999 c 386 s 2.]

catchline: Proceeds from voter-approved bonds, voter-approved levies, and other funding—Use for installment purchase contracts and leases with options to purchase.


title: RCW 28A.525.320

text:
(1) School seismic safety grants and school seismic planning grants must be awarded and determined in accordance with this section.
(2) ELIGIBILITY. A school district or state tribal education compact school is eligible to receive a school seismic safety grant for remediation of seismic or tsunami hazards in qualifying buildings that meet the following criteria:
(a) The building is located within a high seismic hazard area as defined in subsection (3) of this section; and
(b) The building was constructed before 1998 and has not received a seismic retrofit to 2005 seismic standards.
(3) DEFINITIONS. For the purposes of this section:
(a) "High seismic hazard area" means:
(i) Any location identified by the United States geological survey national seismic hazard map with a two percent probability of exceedance in 50 years and a national earthquake hazards reduction program site class D that are 0.3 peak horizontal acceleration or greater peak ground acceleration areas; or
(ii) Any area located within a Washington tsunami design zone map or, where a Washington tsunami design zone map is not available, an American society of civil engineers tsunami design zone map, that requires structures in risk category three or four to be designed for tsunamis.
(b) "Remediation" means solutions that mitigate or eliminate site specific seismic or tsunami hazards and may include building relocation or vertical evacuation towers if related to a tsunami hazard.
(c) "Total project cost" means direct and associated indirect costs for the remediation solution as approved by the advisory committee. Associated indirect costs can include site acquisition and development costs for approved building relocations. The combined direct and associated indirect costs cannot exceed the equivalent combined direct and associated indirect costs for building projects participating in the school construction assistance program for that same year.
(4) ADVISORY COMMITTEE. (a) The superintendent of public instruction must appoint an advisory committee to evaluate and prioritize grant applications from school districts and state-tribal education compact schools. Advisory committee members must have experience in financing, managing, or planning seismic remediation projects at school facilities but must not be involved in a school seismic safety grant request for the biennium under consideration. The office of the superintendent of public instruction must provide administrative and staff support to the advisory committee and consult with the advisory committee to design a grant application process with specific criteria for prioritizing grant requests.
(b) The advisory committee must submit a prioritized list of grants to the superintendent of public instruction. The list must prioritize applications to achieve the greatest improvement of school facilities, in the school districts and state-tribal education compact schools with the most limited financial capacity, for projects that are likely to improve student health, safety, and academic performance for the largest number of students for the amount of state grant support.
(5) REQUIRED GRANT LIST. (a) The superintendent of public instruction must propose a list of prioritized school seismic safety grants to the governor by September 1st of each year, beginning September 1, 2022. This list must include:
(i) A description of the proposed project;
(ii) The proposed school seismic safety grant amount, equal to at least two-thirds of the estimated total project cost;
(iii) The anticipated school construction assistance program amount;
(iv) The anticipated local share of project cost; and
(v) The estimated total project cost.
(b) The superintendent of public instruction and the governor may determine the level of funding in their omnibus capital appropriations act requests to support grants under this section, but their funding requests must follow the prioritized list prepared by the advisory committee unless new information determines that a specific project is no longer viable as proposed.
(6) SCHOOL CONSTRUCTION ASSISTANCE PROGRAM AND SMALL SCHOOL DISTRICT MODERNIZATION GRANT PROGRAM. (a) The full administrative and procedural process of school construction assistance program funding under RCW 28A.525.162 through 28A.525.180 and the small school district modernization grant program funding under RCW 28A.525.159 may be streamlined by the office of the superintendent of public instruction in order to coordinate eligible school construction assistance program funding and small school district modernization grant program funding with the school seismic safety grants. Such coordination must ensure that total state funding from all three grants does not exceed total project costs minus available local resources.
(b) Projects seeking school seismic safety grants must meet the requirements for a school construction assistance program grant except for the following: (i) The estimated cost of the project may be less than 40 percent of the estimated replacement value of the facility; and (ii) local funding assistance percentage requirements of the school construction assistance program do not apply. However, available school district and state-tribal education compact school resources are considered in prioritizing school seismic safety grants.
(7) DISBURSEMENT OF FUNDS. The superintendent of public instruction must award state and federal grants under this section to eligible school districts and state tribal education compact schools in an amount equal to at least two-thirds of the total project cost. The grant must not be awarded until the school district or state-tribal education compact school has identified available local and other resources sufficient to complete the approved project considering the amount of the state grant. The grant must specify reporting requirements from the school district or state-tribal education compact school, which must include updating all pertinent information in the inventory and condition of schools data system and submitting a final project report as specified by the office of the superintendent of public instruction in consultation with the school facilities citizens advisory panel specified in RCW 28A.525.025.
(8) PLANNING GRANTS. Subject to the availability of amounts appropriated for this specific purpose, the office of the superintendent of public instruction must assist eligible school districts and state-tribal education compact schools that are interested in applying for a school seismic safety grant under this section by providing technical assistance and planning grants. School districts and state-tribal education compact schools seeking planning grants under this section must provide a brief statement describing existing school conditions, building system and site deficiencies, current and five-year projected student head count enrollment, student achievement measures, financial constraints, and any information required by the advisory committee established in subsection (4) of this section. If applications for planning grants exceed funds available, the office of the superintendent of public instruction may prioritize planning grant requests with primary consideration given to school district financial capacity and facility conditions.
[ 2022 c 113 s 2.]
Notes:
Finding—Intent—2022 c 113: "The legislature finds that a significant number of Washington students in public school districts and state-tribal education compact schools attend school in older facilities located in geologically active areas. Accordingly, the legislature intends to create a grant program to help school districts and state-tribal education compact schools cover the cost of retrofitting or relocating school facilities located in high seismic areas or tsunami zones." [ 2022 c 113 s 1.]

catchline: School seismic safety and planning grants—Advisory committee—Prioritization.


title: RCW 28A.525.325

text:
The school seismic safety grant program account is created in the state treasury. All receipts from direct appropriations from the legislature or moneys directed to the account from any other source must be deposited in the account. Moneys in the account may be spent only after appropriation. The account is intended to fund projects using tax exempt bonds. Expenditures from the account are for the school seismic safety grant program.
[ 2022 c 113 s 3.]
Notes:
Finding—Intent—2022 c 113: See note following RCW 28A.525.320.

catchline: School seismic safety grant program account.


title: RCW 28A.527.005

text:
The legislature finds that the state's public schools and skill centers are a vital component of the future economic prosperity of our state and provide students with access to high quality academic and technical skills instruction. Skill centers challenge, motivate, and provide opportunities for students to achieve in basic skills, critical thinking, leadership, and work skills through hands-on education, applied academics, and technology training using a cost-effective delivery model. The legislature further finds that barriers to access exist for students in rural and high-density areas, but the development of satellite and branch campus programs will provide the needed access. The legislature further finds that existing and proposed new skill centers will require facilities and equipment that simulate business and industry. Therefore, it is the intent of the legislature to provide a new source of funding for the critical capital needs of the state's skill centers to enhance access to career and technical education opportunities and to improve the condition of existing facilities. Enhanced capital funding will provide skill centers the ability to fulfill their critical role in maintaining and stimulating the state's economy and expanding quality academic and career and technical education opportunities to more students, especially students who lack access to these programs to date.
In the interest of funding equity and ensuring a commitment to the new development, major renovation, or expansion of skill centers, all school district partners must contribute to the acquisition or major capital costs of skill center projects supported by this act to the greatest extent feasible.
[ 2008 c 179 s 201.]

catchline: Findings—Intent—2008 c 179.


title: RCW 28A.527.010

text:
(1) For the purpose of providing school construction assistance grants and needed capital improvements consisting of the predesign, design, acquisition, construction, modification, renovation, expansion, equipping, and other improvements of skill centers facilities, including capital improvements to support satellite or branch campus programs for underserved rural areas or high-density areas, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of $100,000,000, or as much thereof as may be required, to finance all or a part of these projects and all costs incidental thereto. Bonds authorized in this section may be sold at such price as the state finance committee shall determine. No bonds authorized in this section may be offered for sale without prior legislative appropriation of the net proceeds of the sale of the bonds. If the state finance committee deems it necessary to issue taxable bonds in order to comply with federal internal revenue service rules and regulations pertaining to the use of nontaxable bond proceeds, the proceeds of such taxable bonds shall be transferred to the state taxable building construction account in lieu of any deposits otherwise provided by this section. The state treasurer shall submit written notice to the director of financial management if it is determined that any such transfer to the state taxable building construction account is necessary.
(2) If any bonds authorized in this chapter have not been issued by June 30, 2025, the authority of the state finance committee to issue such remaining unissued bonds expires June 30, 2025.
[ 2023 c 473 s 202; 2008 c 179 s 202.]
Notes:
Effective date—2023 c 473: See note following RCW 43.100A.321.

catchline: School construction assistance grants—Capital improvements—Bond issue.


title: RCW 28A.527.020

text:
This chapter is not intended to limit the legislature's ability to appropriate bond proceeds if the full amount authorized in this chapter has not been appropriated after one biennia.
[ 2023 c 473 s 203; 2008 c 179 s 203.]
Notes:
Effective date—2023 c 473: See note following RCW 43.100A.321.

catchline: Bond proceeds—Use.


title: RCW 28A.527.030

text:
(1) The proceeds from the sale of the bonds authorized in RCW 28A.527.010 shall be deposited in the school construction and skill centers building account created in RCW 28A.527.090.
(2) The proceeds shall be used exclusively for the purposes stated in RCW 28A.527.010 and for the payment of the expenses incurred in connection with the sale and issuance of the bonds.
[ 2008 c 179 s 204.]

catchline: Proceeds from sale of bonds—Deposit—Use.


title: RCW 28A.527.040

text:
(1) The nondebt-limit reimbursable bond retirement account must be used for the payment of the principal and interest on the bonds authorized in RCW 28A.527.010.
(2)(a) The state finance committee must, on or before June 30th of each year, certify to the state treasurer the amount needed in the ensuing twelve months to meet the bond retirement and interest requirements on the bonds authorized in RCW 28A.527.010.
(b) On or before the date on which any interest or principal and interest is due, the state treasurer shall transfer from that portion of the common school construction fund derived from the interest on the permanent common school fund into the nondebt-limit reimbursable bond retirement account the amount computed in (a) of this subsection for bonds issued for the purposes of RCW 28A.527.010. Any deficiency in such transfer shall be made up as soon as moneys are available for transfer and shall constitute a continuing obligation of that portion of the common school construction fund derived from the interest on the permanent common school fund until all deficiencies are fully paid.
[ 2008 c 179 s 205.]

catchline: Payment of principal and interest from nondebt-limit reimbursable bond account.


title: RCW 28A.527.050

text:
(1) Bonds issued under RCW 28A.527.010 shall state that they are a general obligation of the state of Washington, shall pledge the full faith and credit of the state to the payment of the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due.
(2) The owner and holder of each of the bonds or the trustee for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section.
[ 2008 c 179 s 206.]

catchline: Pledge and promise—Remedies.


title: RCW 28A.527.060

text:
The bonds authorized in RCW 28A.527.010 shall be a legal investment for all state funds or funds under state control and for all funds of any other public body.
[ 2008 c 179 s 207.]

catchline: Bonds legal investment for public funds.


title: RCW 28A.527.070

text:
The legislature may provide additional means for raising moneys for the payment of the principal of and interest on the bonds authorized in RCW 28A.527.010, and *RCW 28A.527.010 shall not be deemed to provide an exclusive method for the payment.
[ 2008 c 179 s 208.]
Notes:
*Reviser's note: The reference to RCW 28A.527.010 appears to be erroneous. Reference to RCW 28A.527.040 was apparently intended.

catchline: Payment of principal and interest—Additional means for raising money authorized.


title: RCW 28A.527.080

text:
This chapter provides a complete, additional, and alternative method for accomplishing the purposes of this chapter and is supplemental and additional to powers conferred by other laws. The issuance of bonds under this chapter shall not be deemed to be the only method to fund projects under this chapter.
[ 2008 c 179 s 209.]

catchline: Chapter supplemental.


title: RCW 28A.527.090

text:
The school construction and skill centers building account is created in the state treasury. Proceeds from the bonds issued under RCW 28A.527.010 shall be deposited in the account. The account shall be used for purposes stated in RCW 28A.527.010. Moneys in the account may be spent only after appropriation.
[ 2008 c 179 s 210.]

catchline: School construction and skill centers building account.


title: RCW 28A.527.100

text:
Any compliance reporting requirements as a result of laws in this chapter that apply to second-class districts may be submitted in accordance with RCW 28A.330.250.
[ 2011 c 45 s 40.]
Notes:
Conflict with federal requirements—2011 c 45: See note following RCW 28A.330.250.

catchline: Condensed compliance reports—Second-class districts.


title: RCW 28A.527.902

text:
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 27, 2008].
[ 2008 c 179 s 307.]

catchline: Effective date—2008 c 179.


title: RCW 28A.530.010

text:
The board of directors of any school district may borrow money and issue negotiable bonds therefor for the purpose of:
(1) Funding outstanding indebtedness or bonds theretofore issued; or
(2) For the purchase of sites for all buildings, playgrounds, physical education and athletic facilities and structures authorized by law or necessary or proper to carry out the functions of a school district; or
(3) For erecting all buildings authorized by law, including but not limited to those mentioned in subsection (2) of this section immediately above or necessary or proper to carry out the functions of a school district, and providing the necessary furniture, apparatus, or equipment therefor; or
(4) For improving the energy efficiency of school district buildings and/or installing systems and components to utilize renewable and/or inexhaustible energy resources; or
(5) For major and minor structural changes and structural additions to buildings, structures, facilities and sites necessary or proper to carrying out the functions of the school district; or
(6) For payment of (a) an installment purchase contract for school plant facilities or (b) a financing lease the term of which is ten years or longer and that contains an option by the school district to purchase the leased property for nominal consideration, but only to the extent such payment constitutes a capital expenditure; or
(7) For any or all of these and other capital purposes.
Neither the amount of money borrowed nor bonds issued therefor shall exceed the limitation of indebtedness prescribed by chapter 39.36 RCW, as now or hereafter amended.
Except for bonds issued under RCW 28A.530.080, bonds may be issued only when authorized by the vote of the qualified electors of the district as provided by law.
The bonds shall be issued and sold in accordance with chapter 39.46 RCW.
[ 1999 c 386 s 3; 1991 c 114 s 3; 1984 c 186 s 10; 1983 c 167 s 21; 1980 c 170 s 1; 1970 ex.s. c 42 s 7; 1969 c 142 s 2; 1969 ex.s. c 223 s 28A.51.010. Prior: 1953 c 163 s 1; 1927 c 99 s 1; 1921 c 147 s 1; 1919 c 90 s 12; 1909 c 97 p 324 s 1; RRS s 4941; prior: 1907 c 240 s 7 1/2; 1907 c 101 s 1; 1903 c 153 s 1; 1897 c 118 s 117; 1890 p 45 s 1. Formerly RCW 28A.51.010, 28.51.010, 28.51.050, part.]
Notes:
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Severability—Effective date—1970 ex.s. c 42: See notes following RCW 39.36.015.
Validation—1969 c 142: See RCW 39.36.900.
School district funds: RCW 28A.320.330.

catchline: Directors may borrow money, issue bonds.


title: RCW 28A.530.020

text:
(1) The question whether the bonds shall be issued, as provided in RCW 28A.530.010, shall be determined at an election to be held pursuant to RCW 39.36.050. If a majority of the votes cast at such election favor the issuance of such bonds, the board of directors must issue such bonds: PROVIDED, That if the amount of bonds to be issued, together with any outstanding indebtedness of the district that only needs a simple majority voter approval, exceeds three-eighths of one percent of the value of the taxable property in said district, as the term "value of the taxable property" is defined in RCW 39.36.015, then three-fifths of the votes cast at such election must be in favor of the issuance of such bonds, before the board of directors is authorized to issue said bonds.
(2) The resolution adopted by the board of directors calling the election in subsection (1) of this section shall specify the purposes of the debt financing measure, including the specific buildings to be constructed or remodeled and any additional specific purposes as authorized by RCW 28A.530.010. If the debt financing measure anticipates the receipt of state financing assistance under chapter 28A.525 RCW, the board resolution also shall describe the specific anticipated purpose of the state assistance. If the school board subsequently determines that state or local circumstances should cause any alteration to the specific expenditures from the debt financing or of the state assistance, the board shall first conduct a public hearing to consider those circumstances and to receive public testimony. If the board then determines that any such alterations are in the best interests of the district, it may adopt a new resolution or amend the original resolution at a public meeting held subsequent to the meeting at which public testimony was received.
[ 1996 c 48 s 1; 1990 c 33 s 478; 1984 c 186 s 11; 1970 ex.s. c 42 s 9; 1969 ex.s. c 223 s 28A.51.020. Prior: 1909 c 97 p 324 s 2; RRS s 4942; prior: 1897 c 118 s 118; 1890 p 46 s 2. Formerly RCW 28A.51.020, 28.51.020, 28.51.050, part.]
Notes:
Purpose—1984 c 186: See note following RCW 39.46.110.
Severability—Effective date—1970 ex.s. c 42: See notes following RCW 39.36.015.

catchline: Bond issuance—Election—Resolution to specify purposes.


title: RCW 28A.530.030

text:
When the bonds have been sold, the county treasurer shall place the money derived from such sale to the credit of the capital projects fund of the district, and such fund is hereby created.
[ 1984 c 186 s 12; 1983 c 167 s 24; 1979 ex.s. c 257 s 1; 1969 ex.s. c 223 s 28A.51.070. Prior: 1911 c 88 s 1; 1909 c 97 p 326 s 4; RRS s 4944; prior: 1907 c 240 s 9; 1905 c 142 s 7; 1897 c 118 s 120; 1890 p 47 s 4. Formerly RCW 28A.51.070, 28.51.070, 28.51.080, 28.51.090, 28.51.100, and 28.51.110.]
Notes:
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Severability—1979 ex.s. c 257: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1979 ex.s. c 257 s 3.]

catchline: Disposition of bond proceeds—Capital projects fund.


title: RCW 28A.530.040

text:
Whenever any bonds lawfully issued by any school district under the provisions of this chapter shall reach maturity and shall remain unpaid, or may be paid under any option provided in the bonds, the board of directors thereof shall have the power without any vote of the school district to fund the same by issuing bonds conformable to the requirements of this chapter and use the proceeds exclusively for the purpose of retiring and canceling such outstanding bonds as aforesaid, or the said directors in their discretion may exchange such refunding bonds par for par for such outstanding bonds.
[ 1984 c 186 s 13; 1983 c 167 s 25; 1969 ex.s. c 223 s 28A.51.180. Prior: 1969 ex.s. c 232 s 66; 1945 c 32 s 1; 1909 c 97 p 329 s 12; Rem. Supp. 1945 s 4952; prior: 1897 c 118 s 124, part; 1890 p 48 s 8, part. Formerly RCW 28A.51.180, 28.51.180.]
Notes:
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.

catchline: Refunding former issues without vote of the people.


title: RCW 28A.530.050

text:
Every holder of any of the bonds so issued as a bearer bond as provided in this chapter, within ten days after the owner becomes the owner or holder thereof, shall notify the county treasurer of the county in which such bonds are issued of his or her ownership, together with his or her full name and post office address, and the county treasurer of said county shall deposit in the post office, properly stamped and addressed to each owner of any such bonds subject to redemption or payment, a notice in like form, stating the time and place of the redemption of such bonds and the number of the bonds to be redeemed, and in case any owners of bonds shall fail to notify the treasurer of their ownership as aforesaid, then a notice mailed to the last holder of such bonds shall be deemed sufficient, and any and all such notices so mailed as aforesaid shall be deemed to be personal notice to the holders of such bonds, and at the expiration of the time therein named shall have the force to suspend the interest upon any such bonds.
[ 1990 c 33 s 479; 1983 c 167 s 26; 1969 ex.s. c 223 s 28A.51.190. Prior: 1909 c 97 p 330 s 13; RRS s 4953; prior: 1897 c 118 s 125; 1890 p 49 s 9. Formerly RCW 28A.51.190, 28.51.190.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: Holder to notify treasurer—Redemption.


title: RCW 28A.530.060

text:
At any time after the issuance of such bonds as in this chapter provided, and in the discharge of the duties imposed upon said county treasurer, should any incidental expense, costs or charges arise, the said county treasurer shall present his or her claim for the same to the board of directors of the school district issuing such bonds, and the same shall be audited and paid in the same manner as other services are paid under the provisions of law.
[ 1990 c 33 s 480; 1969 ex.s. c 223 s 28A.51.200. Prior: 1909 c 97 p 330 s 14; RRS s 4954; prior: 1897 c 118 s 126; 1890 p 50 s 10. Formerly RCW 28A.51.200, 28.51.200.]

catchline: Expense of county treasurer.


title: RCW 28A.530.070

text:
If bonds issued under this chapter are not sold as in this chapter provided, the owners of unpaid warrants drawn on the county treasurer by such district for an indebtedness existing at the date of the election may exchange said warrants at the face value thereof and accrued interest thereon for bonds issued under this chapter, at not less than par value and accrued interest of such bonds at the time of the exchange; such exchange to be made under such regulations as may be provided by the board of directors of such district.
[ 1983 c 167 s 27; 1969 ex.s. c 223 s 28A.51.220. Prior: 1909 c 97 p 327 s 5; RRS s 4945. Formerly RCW 28A.51.220, 28.51.220.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: Exchange of warrants for bonds.


title: RCW 28A.530.080

text:
(1)(a) In addition to the authority granted under RCW 28A.530.010, a school district may contract indebtedness for any purpose specified in RCW 28A.530.010 (2) through (5) or for the purpose of purchasing any real or personal property, or property rights, in connection with the exercise of any powers or duties which it is now or hereafter authorized to exercise, and issue bonds, notes, or other evidences of indebtedness therefor without a vote of the qualified electors of the district, subject to the limitations on indebtedness set forth in RCW 39.36.020(3) and this subsection.
(b) To exercise the authority in (a) of this subsection for any purpose specified in RCW 28A.530.010(3) a school district must:
(i) Have received approval from the qualified electors of the district to collect a levy to support the construction, modernization, or remodeling of school facilities as authorized under RCW 84.52.053, which must be used to fully repay the indebtedness;
(ii) Not have been on binding conditions pursuant to RCW 28A.505.110 in the three years preceding the date of the contract; and
(iii) Agree to delay for two years the receipt of state financial assistance for the project that the school district is eligible for under RCW 28A.525.162 through 28A.525.180.
(2) Before issuing nonvoted bonds in excess of $250,000, a school district shall publish notice of intent to issue such bonds and shall hold a public hearing on the proposal at any regular or special meeting of the school board. The notice shall designate: The date, time, and place of the hearing; the purpose and amount of the bonds; the type, terms, and conditions of bonds; and the means identified for repayment. The notice shall also state that any person may appear and be heard on the issue of issuing such bonds. The notice shall be published at least once each week for two consecutive weeks in a newspaper of general circulation in the district, or if there is none, in a newspaper of general circulation in the county or counties in which such district is a part. The last notice shall be published no later than seven days immediately before the hearing. At the conclusion of public comment, the board of directors may proceed to determine, by resolution, whether to issue such bonds.
(3) The public notice and hearing requirements in subsection (2) of this section shall not apply to any refinancing or refunding of outstanding nonvoted or voted bonds.
(4) Such bonds, notes, or other evidences of indebtedness shall be issued and sold in accordance with chapter 39.46 RCW, and the proceeds thereof shall be deposited in the capital projects fund, the transportation vehicle fund, or the general fund, as applicable.
[ 2026 c 170 s 1; 2010 c 241 s 1; 1999 c 314 s 2; 1991 c 114 s 1.]
Notes:
Application—2010 c 241: "This act applies prospectively only." [ 2010 c 241 s 2.]
Findings—Intent—1999 c 314: "The legislature finds that current law authorizes school districts to use nonvoter-approved debt to acquire real or personal property but not to construct or repair school district property. It is the intent of the legislature to authorize school districts to use nonvoter-approved debt, within existing debt limits, to finance the acquisition, remodel, and repair of school facilities." [ 1999 c 314 s 1.]

catchline: Additional authority to contract indebtedness—Notice.


title: RCW 28A.530.090

text:
Any compliance reporting requirements as a result of laws in this chapter that apply to second-class districts may be submitted in accordance with RCW 28A.330.250.
[ 2011 c 45 s 41.]
Notes:
Conflict with federal requirements—2011 c 45: See note following RCW 28A.330.250.


title: RCW 28A.535.010

text:
Any school district may validate and ratify the indebtedness of such school district, incurred for strictly school purposes, when the same together with all then outstanding legal indebtedness does not exceed that amount permitted for school districts in RCW 39.36.020 (1) and (3). The value of taxable property in such school district shall be ascertained as provided in Article eight, section six, Amendment 27, of the Constitution of the state of Washington.
[ 1969 ex.s. c 223 s 28A.52.010. Prior: 1909 c 97 p 331 s 1; RRS s 4956; prior: 1897 c 118 s 128; 1895 c 21 s 1. Formerly RCW 28A.52.010, 28.52.010.]
Notes:
Reviser's note: The above reference to RCW 39.36.020 (1) and (3) was apparently based upon the 1967 version of that section [1967 c 107 s 4]; the contents and organization of that section have been altered by subsequent amendments.

catchline: Authority to validate indebtedness.


title: RCW 28A.535.020

text:
Whenever the board of directors of any school district shall deem it advisable to validate and ratify the indebtedness mentioned in RCW 28A.535.010, they shall provide therefor by resolution, which shall be entered on the records of such school district, which resolution shall provide for the holding of an election for the purpose of submitting the question of validating and ratifying the indebtedness so incurred to the voters of such school district for approval or disapproval, and if at such election three-fifths of the voters in such school district voting at such election shall vote in favor of the validation and ratification of such indebtedness, then such indebtedness so validated and ratified and every part thereof existing at the time of the adoption of said resolution shall thereby become and is hereby declared to be validated and ratified and a binding obligation upon such school district.
[ 1996 c 48 s 2; 1995 c 111 s 1; 1990 c 33 s 481; 1969 ex.s. c 223 s 28A.52.020. Prior: 1909 c 97 p 331 s 2; RRS s 4957; prior: 1897 c 118 s 129; 1895 c 21 s 2. Formerly RCW 28A.52.020, 28.52.020.]

catchline: Resolution providing for election—Vote required to validate.


title: RCW 28A.535.030

text:
At the time of the adoption of the resolution provided for in RCW 28A.535.020, the board of directors shall direct the school district superintendent to give notice to the county auditor of the suggested time and purpose of such election, and specifying the amount and general character of the indebtedness proposed to be ratified. Such superintendent shall also cause written or printed notices to be posted in at least five places in such school district at least twenty days before such election. In addition to his or her other duties relating thereto, the county auditor shall give notice of such election as provided for in RCW 29A.52.355.
[ 2015 c 53 s 16; 1990 c 33 s 482; 1969 ex.s. c 223 s 28A.52.030. Prior: 1909 c 97 p 332 s 3; RRS s 4958; prior: 1897 c 118 s 131; 1895 c 21 s 4. Formerly RCW 28A.52.030, 28.52.030.]

catchline: Notice of election.


title: RCW 28A.535.040

text:
Elections hereunder shall be by ballot, and conducted in the manner provided for conducting annual school elections. The ballot must contain the words, "Validating and ratifying indebtedness, yes," or the words, "Validating and ratifying indebtedness, no." Ballots containing the words, "Validating and ratifying indebtedness, yes," shall be counted in favor of validating and ratifying such indebtedness, and ballots containing the words, "Validating and ratifying indebtedness, no," shall be counted against validating and ratifying such indebtedness. At their next meeting following ascertainment of the result of the election from the county auditor, the board of directors of any such district holding such an election shall cause to be entered a minute thereof on the records of such district. The qualifications of voters at such election shall be the same as prescribed for the election of school officials.
[ 1969 ex.s. c 223 s 28A.52.040. Prior: 1909 c 97 p 332 s 4; RRS s 4959; prior: 1897 c 118 s 130; 1895 c 21 s 3. Formerly RCW 28A.52.040, 28.52.040.]
Notes:
Conduct of elections, canvass: RCW 29A.60.010.

catchline: Manner and result of election.


title: RCW 28A.535.050

text:
If the indebtedness of such school district is validated and ratified, as provided in this chapter, by three-fifths of the voters voting at such election, the board of directors of such school district, without any further vote, may borrow money and issue and sell negotiable bonds therefor in accordance with chapter 39.46 RCW.
[ 1984 c 186 s 14; 1983 c 167 s 28; 1975 c 43 s 2; 1969 ex.s. c 223 s 28A.52.050. Prior: 1909 c 97 p 333 s 5; RRS s 4960; prior: 1897 c 118 s 132; 1895 c 21 s 5. Formerly RCW 28A.52.050, 28.52.050.]
Notes:
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.
Effective date—1975 c 43: "The effective date of this amendatory act shall be July 1, 1975." [ 1975 c 43 s 37.]
Severability—1975 c 43: "If any provision of this amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1975 c 43 s 38.]

catchline: Authority to borrow, issue bonds.


title: RCW 28A.535.060

text:
If bonds issued under this chapter are not sold as herein provided, the owners of unpaid warrants drawn on the county treasurer by such district for an indebtedness existing at the time of the adoption of the resolution mentioned in RCW 28A.535.020, may exchange said warrants at the face value thereof and accrued interest thereon for bonds issued under this chapter, at not less than par value and accrued interest of such bonds at the time of the exchange; such exchange to be made under such regulations as may be provided by the board of directors of such district.
[ 1990 c 33 s 483; 1983 c 167 s 30; 1969 ex.s. c 223 s 28A.52.060. Prior: 1909 c 97 p 334 s 7; RRS s 4962; prior: 1897 c 118 s 134; 1895 c 21 s 7. Formerly RCW 28A.52.060, 28.52.060.]
Notes:
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.


title: RCW 28A.535.070

text:
When authorized to issue bonds, as provided in this chapter the board of directors shall immediately cause to be sent to the appropriate county treasurer, notice thereof. The county officials charged by law with the duty of levying taxes for the payment of said bonds and interest shall do so as provided in RCW 39.46.110.
The annual expense of such district shall not thereafter exceed the annual revenue thereof, and any officer of such district who shall knowingly aid in increasing the annual expenditure in excess of the annual revenue of such district, in addition to any other penalties, whether civil or criminal, as provided by law, shall be deemed to be guilty of a misdemeanor, and shall be punished by a fine not exceeding five hundred dollars.
[ 1985 c 7 s 90; 1969 ex.s. c 223 s 28A.52.070. Prior: 1909 c 97 p 335 s 8; RRS s 4963; prior: 1897 c 118 s 135; 1895 c 21 s 8. Formerly RCW 28A.52.070, 28.52.070.]

catchline: Notice to county treasurer of authority to issue bonds—Annual levy for payment of interest and principal on bonds—Penalty against officer for expenditures in excess of revenues.


title: RCW 28A.535.080

text:
In case any school district has heretofore incurred, or shall hereafter incur, indebtedness for strictly school purposes and has heretofore, or shall hereafter, become merged with another district as provided in *RCW 28A.315.010 through 28A.315.680 and 28A.315.900, the directors of the last named district may, after such merger, cause to be submitted to the voters within the limits of the district which incurred the obligations, the question of validating and ratifying such indebtedness. The vote shall be taken and the question determined in the manner prescribed in RCW 28A.535.020, 28A.535.030, and 28A.535.040. The directors of the district to which the district incurring the obligations was merged shall make provisions for payment of the indebtedness so validated by certifying the amount thereof in the manner prescribed in RCW 28A.535.070: PROVIDED, Such enlarged district may pay a part, or all, of such validating indebtedness from any funds available or by issuing bonds therefor when such enlarged district has taken over property of any district and in making such adjustment and apportionment as provided in *RCW 28A.315.010 through 28A.315.680 and 28A.315.900, the value of the property received shall be found to exceed the total indebtedness of the district annexed to the extent of such value over the total indebtedness of the district annexed.
[ 1990 c 33 s 484; 1969 ex.s. c 223 s 28A.52.080. Prior: 1913 c 136 s 1; RRS s 4964. Formerly RCW 28A.52.080, 28.52.080.]
Notes:
*Reviser's note: RCW 28A.315.010 through 28A.315.680 and 28A.315.900 were repealed or recodified by 1999 c 315.

catchline: Validating indebtedness proceedings after merger.


title: RCW 28A.535.090

text:
Any compliance reporting requirements as a result of laws in this chapter that apply to second-class districts may be submitted in accordance with RCW 28A.330.250.
[ 2011 c 45 s 42.]
Notes:
Conflict with federal requirements—2011 c 45: See note following RCW 28A.330.250.

catchline: Condensed compliance reports—Second-class districts.


title: RCW 28A.540.010

text:
High school facilities shall mean buildings for occupancy by grades nine through twelve and equipment and furniture for such buildings and shall include major alteration or major remodeling of buildings and the acquisition of new sites and of additions to existing sites, and improvement of sites but only when included as a part of a general plan for the construction, equipping and furnishing of a building or of an alteration or addition to a building. The term shall also (1) include that portion of any building, alteration, equipment, furniture, site and improvement of site allocated to grade nine when included in a plan for facilities to be occupied by grades seven through nine and (2) includes such facilities for grades seven and eight when included in a plan as aforesaid, if the regional committee on school district organization finds that students of these grades who reside in any nonhigh school districts involved are now attending school in the high school district involved under an arrangement which likely will be continued.
[ 1985 c 385 s 31; 1969 ex.s. c 223 s 28A.56.005. Prior: 1959 c 262 s 2. Formerly RCW 28A.56.005, 28.56.005.]
Notes:
Severability—1985 c 385: See note following RCW 28A.315.025.

catchline: High school facilities defined.


title: RCW 28A.540.020

text:
Upon receipt of a written request from the board of directors of a high school district or a nonhigh school district that presents to the regional committee on school district organization satisfactory evidence of a need for high school facilities to be located therein and of ability to provide such facilities, the regional committee shall prepare a plan for participation by any nonhigh school district or districts in providing capital funds to pay the costs of such school facilities and equipment to be provided for the education of students residing in the school districts. Prior to submission of the aforesaid request the board of directors of the school district concerned therewith shall determine the nature and extent of the high school facilities proposed to be provided, the approximate amount of local capital funds required to pay the cost thereof, and the site or sites upon which the proposed facilities are to be located, and shall submit a report thereon to the regional committee along with the aforesaid request.
[ 1985 c 385 s 32; 1969 ex.s. c 223 s 28A.56.010. Prior: 1959 c 262 s 1; 1955 c 344 s 1; 1953 c 229 s 1. Formerly RCW 28A.56.010, 28.56.010.]
Notes:
Severability—1985 c 385: See note following RCW 28A.315.025.

catchline: Plan for nonhigh district to provide capital funds in aid of high school district.


title: RCW 28A.540.030

text:
The regional committee on school district organization shall give consideration to:
(1) The report submitted by the board of directors as stated above;
(2) The exclusion from the plan of nonhigh school districts because of remoteness or isolation or because they are so situated with respect to location, present and/or clearly foreseeable future population, and other pertinent factors as to warrant the establishment of a high school therein within a period of two years or the inclusion of their territory in some other nonhigh school district within which the establishment of a high school within a period of two years is warranted;
(3) The assessed valuation of the school districts involved;
(4) The cash balance, if any, in the capital projects fund of the district submitting the request which is designated for high school building construction purposes, together with the sources of such balance; and
(5) Any other factors found by the committee to have a bearing on the preparation of an equitable plan.
[ 1985 c 385 s 33; 1985 c 7 s 91; 1969 ex.s. c 223 s 28A.56.020. Prior: 1959 c 262 s 3; 1955 c 344 s 2; 1953 c 229 s 2. Formerly RCW 28A.56.020, 28.56.020.]
Notes:
Severability—1985 c 385: See note following RCW 28A.315.025.

catchline: Factors to be considered in preparation of plan.


title: RCW 28A.540.040

text:
The regional committee on school district organization shall also hold a public hearing or hearings on any proposed plan: PROVIDED, That three members of the committee or two members of the committee and the educational service district superintendent, or his or her designee, may be designated by the committee to hold such public hearing or hearings and to submit a report thereof to the regional committee. The regional committee shall cause to be posted, at least ten days prior to the date appointed for any such hearing, a written or printed notice thereof in at least three prominent and public places in the school districts involved and at the place of hearing.
[ 1985 c 385 s 34; 1975 1st ex.s. c 275 s 74; 1971 c 48 s 21; 1969 ex.s. c 223 s 28A.56.030. Prior: 1959 c 262 s 4; 1955 c 344 s 3; 1953 c 229 s 3. Formerly RCW 28A.56.030, 28.56.030.]
Notes:
Severability—1985 c 385: See note following RCW 28A.315.025.
Severability—1971 c 48: See note following RCW 28A.310.250.

catchline: Public hearing—Notice.


title: RCW 28A.540.050

text:
Subsequent to the holding of a hearing or hearings as provided in RCW 28A.540.040, the regional committee on school district organization shall determine the nonhigh school districts to be included in the plan and the amount of capital funds to be provided by every school district included therein, and shall submit the proposed plan to the superintendent of public instruction together with such maps and other materials pertaining thereto as the superintendent may require. The superintendent, considering policy recommendations from the school facilities citizen advisory panel under RCW 28A.525.025, shall review such plan, shall approve any plan which in his or her judgment makes adequate and satisfactory provision for participation by the nonhigh school districts in providing capital funds to be used for the purpose above stated, and shall notify the regional committee of such action. Upon receipt by the regional committee of such notification, the educational service district superintendent, or his or her designee, shall notify the board of directors of each school district included in the plan, supplying each board with complete details of the plan and shall state the total amount of funds to be provided and the amount to be provided by each district.
If any such plan submitted by a regional committee is not approved by the superintendent of public instruction, the regional committee shall be so notified, which notification shall contain a statement of reasons therefor and suggestions for revision. Within sixty days thereafter the regional committee shall submit to the superintendent a revised plan which revision shall be subject to approval or disapproval by the superintendent, considering policy recommendations from the school facilities citizen advisory panel, and the procedural requirements and provisions of law applicable to an original plan submitted to the superintendent.
[ 2006 c 263 s 324; 1990 c 33 s 485; 1985 c 385 s 35; 1975 1st ex.s. c 275 s 75; 1971 c 48 s 22; 1969 ex.s. c 223 s 28A.56.040. Prior: 1959 c 262 s 5; 1955 c 344 s 4; 1953 c 229 s 4. Formerly RCW 28A.56.040, 28.56.040.]
Notes:
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
Severability—1985 c 385: See note following RCW 28A.315.025.
Severability—1971 c 48: See note following RCW 28A.310.250.

catchline: Review by superintendent of public instruction—Approval—Revised plan.


title: RCW 28A.540.060

text:
Within sixty days after receipt of the notice of approval from the educational service district superintendent, the board of directors of each school district included in the plan shall submit to the voters thereof a proposal or proposals for providing, through the issuance of bonds and/or the authorization of an excess tax levy, the amount of capital funds that the district is required to provide under the plan. The proceeds of any such bond issue and/or excess tax levy shall be credited to the capital projects fund of the school district in which the proposed high school facilities are to be located and shall be expended to pay the cost of high school facilities for the education of such students residing in the school districts as are included in the plan and not otherwise.
[ 1985 c 7 s 92; 1975 1st ex.s. c 275 s 76; 1971 c 48 s 23; 1969 ex.s. c 223 s 28A.56.050. Prior: 1959 c 262 s 6; 1955 c 344 s 5; 1953 c 229 s 5. Formerly RCW 28A.56.050, 28.56.050.]
Notes:
Severability—1971 c 48: See note following RCW 28A.310.250.

catchline: Bond, excess levy, elections—Use of proceeds.


title: RCW 28A.540.070

text:
In the event that a proposal or proposals for providing capital funds as provided in RCW 28A.540.060 is not approved by the voters of a nonhigh school district a second election thereon shall be held within sixty days thereafter. If the vote of the electors of the nonhigh school district is again in the negative, the high school students residing therein shall not be entitled to admission to the high school under the provisions of RCW 28A.225.210, following the close of the school year during which the second election is held: PROVIDED, That in any such case the regional committee on school district organization shall determine within thirty days after the date of the aforesaid election the advisability of initiating a proposal for annexation of such nonhigh school district to the school district in which the proposed facilities are to be located or to some other district where its students can attend high school without undue inconvenience: PROVIDED FURTHER, That pending such determination by the regional committee and action thereon as required by law the board of directors of the high school district shall continue to admit high school students residing in the nonhigh school district. Any proposal for annexation of a nonhigh school district initiated by a regional committee shall be subject to the procedural requirements of this chapter respecting a public hearing and submission to and approval by the superintendent of public instruction, considering policy recommendations from the school facilities citizen advisory panel under RCW 28A.525.025. Upon approval by the superintendent of public instruction of any such proposal, the educational service district superintendent shall make an order , establishing the annexation.
[ 2006 c 263 s 329; 1990 c 33 s 486; 1985 c 385 s 36; 1975 1st ex.s. c 275 s 77; 1971 c 48 s 24; 1969 ex.s. c 223 s 28A.56.060. Prior: 1959 c 262 s 7; 1955 c 344 s 6; 1953 c 229 s 6. Formerly RCW 28A.56.060, 28.56.060.]
Notes:
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
Severability—1985 c 385: See note following RCW 28A.315.025.
Severability—1971 c 48: See note following RCW 28A.310.250.

catchline: Rejection by voters of nonhigh districts—Additional elections—Revised plan—Annexation proposal.


title: RCW 28A.540.080

text:
In case of failure or refusal by a board of directors of a nonhigh school district to submit a proposal or proposals to a vote of the electors within the time limit specified in RCW 28A.540.060 and 28A.540.070, the regional committee on school district reorganization may initiate a proposal for annexation of such nonhigh school district as provided for in RCW 28A.540.070.
[ 1990 c 33 s 487; 1985 c 385 s 37; 1969 ex.s. c 223 s 28A.56.070. Prior: 1959 c 262 s 8; 1955 c 344 s 7; 1953 c 229 s 7. Formerly RCW 28A.56.070, 28.56.070.]
Notes:
Severability—1985 c 385: See note following RCW 28A.315.025.

catchline: Failure of nonhigh districts to submit proposal to vote within time limits—Annexation procedure.


title: RCW 28A.540.090

text:
If the voters of a nonhigh school district approve an excess tax levy, the levy shall be made at the earliest time permitted by law. If the voters of a nonhigh school district approve the issuance of bonds, the board of directors of the nonhigh school district shall issue and sell said bonds within ninety days after receiving a copy of a resolution of the board of directors of the high school district that the high school district is ready to proceed with the construction of the high school facilities provided for in the plan and requesting the sale of the bonds.
[ 1969 ex.s. c 223 s 28A.56.075. Prior: 1959 c 262 s 9. Formerly RCW 28A.56.075, 28.56.075.]

catchline: Nonhigh districts, time of levy and issuance of bonds.


title: RCW 28A.540.100

text:
All proceedings had and taken under chapter 344, Laws of 1955, shall be valid and binding although not in compliance with that act if said proceedings comply with the requirements of this chapter.
[ 1969 ex.s. c 223 s 28A.56.170. Prior: 1959 c 262 s 11. Formerly RCW 28A.56.170, 28.56.170.]

catchline: Validation of proceedings under 1955 act, when.


title: RCW 28A.540.110

text:
(1) In cases where high school students resident in a nonhigh school district are to be educated in a high school district, the board of directors of the nonhigh school district shall, by mutual agreement with the serving district(s), designate the serving high school district or districts which its high school students shall attend. A nonhigh school district shall designate a district as a serving high school district when more than thirty-three and one-third percent of the high school students residing within the boundaries of the nonhigh school district are enrolled in the serving district.
(2) Students residing in a nonhigh school district shall be allowed to attend a high school other than in the designated serving district referred to in subsection (1) of this section, however the nonhigh school board of directors shall not be required to contribute to building programs in any such high school district. Contribution shall be made only to those districts which are designated as serving high school districts at the time the county auditor is requested by the high school district to place a measure on the ballot regarding a proposal or proposals for the issuance of bonds or the authorization of an excess tax levy to provide capital funds for building programs. The nonhigh school district shall be subject to the capital fund aid provisions contained in this chapter with respect to the designated high school serving district(s).
[ 1989 c 321 s 4; 1981 c 239 s 1. Formerly RCW 28A.56.200.]

catchline: Designation of high school district nonhigh district students shall attend—Effect when attendance otherwise.


title: RCW 28A.540.120

text:
Any compliance reporting requirements as a result of laws in this chapter that apply to second-class districts may be submitted in accordance with RCW 28A.330.250.
[ 2011 c 45 s 43.]
Notes:
Conflict with federal requirements—2011 c 45: See note following RCW 28A.330.250.


title: RCW 28A.545.010

text:
For the purposes of this chapter all school districts in the state of Washington shall be and the same are hereby divided into two divisions to be known and designated respectively as high school districts and nonhigh school districts.
[ 1983 c 3 s 31; 1969 ex.s. c 223 s 28A.44.045. Prior: 1917 c 21 s 1; RRS s 4710. Formerly RCW 28A.44.045, 28.44.045, 28.01.040, part.]

catchline: School district divisions—High and nonhigh.


title: RCW 28A.545.020

text:
The reimbursement of a high school district for cost of educating high school pupils for a nonhigh school district, as provided for in this chapter, shall not be deemed a tuition charge as affecting the apportionment of current state school funds.
[ 1983 c 3 s 32; 1969 ex.s. c 223 s 28A.44.095. Prior: 1917 c 21 s 11; RRS s 4720. Formerly RCW 28A.44.095, 28.44.095.]

catchline: Reimbursement not a tuition charge.


title: RCW 28A.545.030

text:
The purposes of RCW 28A.545.030 through 28A.545.110 and 84.52.0531 are to:
(1) Simplify the annual process of determining and paying the amounts due by nonhigh school districts to high school districts for educating students residing in a nonhigh school district;
(2) Provide for a payment schedule that coincides to the extent practicable with the ability of nonhigh school districts to pay and the need of high school districts for payment;
(3) Establish that the maximum amount due per annual average full-time equivalent student by a nonhigh school district for each school year is the lesser of:
(a) The enrichment levy rate per annual average full-time equivalent student levied upon the taxpayers of the high school district; or
(b) The enrichment levy rate per annual average full-time equivalent student levied upon the taxpayers of the nonhigh school district;
(4) If the nonhigh school district has not levied an enrichment levy during the current school year, then the amount due per annual average full-time equivalent student by the nonhigh school district is the enrichment levy rate per annual average full-time equivalent student levied upon the taxpayers of the high school district; and
(5) Designate the revenue provided to secondary school buildings to ensure dollars are being spent to support secondary school students.
[ 2020 c 225 s 1; 2017 3rd sp.s. c 13 s 1001; 1990 c 33 s 488; 1981 c 264 s 1. Formerly RCW 28A.44.150.]
Notes:
Effective date—2017 3rd sp.s. c 13 ss 1001 and 1002: "Sections 1001 and 1002 of this act take effect January 1, 2019." [ 2017 3rd sp.s. c 13 s 1007.]
Intent—2017 3rd sp.s. c 13: See note following RCW 28A.150.410.
Collective bargaining agreements not impaired—2017 3rd sp.s. c 13: See note following RCW 41.56.139.
Severability—1981 c 264: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1981 c 264 s 13.]

catchline: Purposes.


title: RCW 28A.545.040

text:
The term "student residing in a nonhigh school district" and its equivalent as used in RCW 28A.545.030 through 28A.545.110 and 84.52.0531 shall mean any common school-age person with or without disabilities who resides within the boundaries of a nonhigh school district that does not conduct the particular kindergarten through grade twelve grade which the person has not yet successfully completed and is eligible to enroll in, not including students enrolled in an innovation academy cooperative established under RCW 28A.340.080 through 28A.340.090.
[ 2010 c 99 s 7; 1995 c 77 s 25; 1990 c 33 s 489; 1981 c 264 s 2. Formerly RCW 28A.44.160.]
Notes:
Findings—Intent—2010 c 99: See note following RCW 28A.340.080.
Severability—1981 c 264: See note following RCW 28A.545.030.

catchline: "Student residing in a nonhigh school district" defined.


title: RCW 28A.545.050

text:
Each year at such time as the superintendent of public instruction determines and certifies such maximum allowable amounts of school district levies under RCW 84.52.0531 he or she shall also:
(1) Determine the extent to which the estimated amounts due by nonhigh school districts for the previous school year exceeded or fell short of the actual amounts due; and
(2) Determine the estimated amounts due by nonhigh school districts for the current school year and increase or decrease the same to the extent of overpayments or underpayments for the previous school year.
[ 1985 c 341 s 11; 1981 c 264 s 3. Formerly RCW 28A.44.170.]
Notes:
Severability—1981 c 264: See note following RCW 28A.545.030.

catchline: Amounts due from nonhigh districts.


title: RCW 28A.545.060

text:
The student enrollment data necessary for the computation of the annual amounts due by nonhigh school districts pursuant to RCW 28A.545.030 through 28A.545.110 and 84.52.0531 shall be established as follows:
(1) On or before July tenth preceding the school year, or such other date as may be established by the superintendent of public instruction, each high school district superintendent shall certify to the superintendent of public instruction:
(a) The estimated number of students residing in a nonhigh school district that will be enrolled in the high school district during the school year which estimate has been mutually agreed upon by the high school district superintendent and the superintendent of each nonhigh school district in which one or more of such students resides;
(b) The total estimated number of kindergarten through twelfth grade annual average full-time equivalent students, inclusive of nonresident students, that will be enrolled in the high school district during the school year;
(c) The actual number of annual average full-time equivalent students provided for in subsections (1)(a) and (b) of this section that were enrolled in the high school district during the regular school term just completed; and
(d) The name, address, and the school district and county of residence of each student residing in a nonhigh school district reported pursuant to this subsection (1), to the extent the same can reasonably be established.
(2) In the event the superintendents of a high school district and a nonhigh school district are unable to reach agreement respecting the estimated number of annual average full-time equivalent students residing in the nonhigh school district that will be enrolled in the high school district during the school year, the estimate shall be established by the superintendent of public instruction.
[ 1990 c 33 s 490; 1981 c 264 s 4. Formerly RCW 28A.44.180.]
Notes:
Severability—1981 c 264: See note following RCW 28A.545.030.

catchline: Enrollment data for computation of amounts due.


title: RCW 28A.545.070

text:
(1) The superintendent of public instruction shall annually determine the estimated amount due by a nonhigh school district to a high school district for the school year as follows:
(a) The total of the high school district's enrichment levy or nonhigh school district's enrichment levy, as determined under RCW 28A.545.030(3), that has been authorized and determined by the superintendent of public instruction to be allowable pursuant to RCW 84.52.0531, as now or hereafter amended, for collection during the next calendar year, shall first be divided by the total estimated number of annual average full-time equivalent students which that district's superintendent or the superintendent of public instruction has certified pursuant to RCW 28A.545.060 will be enrolled in that district during the school year;
(b) The result of the calculation provided for in subsection (1)(a) of this section shall then be multiplied by the estimated number of annual average full-time equivalent students residing in the nonhigh school district that will be enrolled in the high school district during the school year which has been established pursuant to RCW 28A.545.060; and
(c) The result of the calculation provided for in subsection (1)(b) of this section [(b) of this subsection] shall be adjusted upward to the extent the estimated amount due by a nonhigh school district for the prior school year was less than the actual amount due based upon actual annual average full-time equivalent student enrollments during the previous school year and the actual per annual average full-time equivalent student enrichment levy rate for the current tax collection year, or adjusted downward to the extent the estimated amount due was greater than such actual amount due or greater than such lesser amount as a high school district may have elected to assess pursuant to RCW 28A.545.090.
(2) The amount arrived at pursuant to subsection (1)(c) of this subsection shall constitute the estimated amount due by a nonhigh school district to a high school district for the school year.
[ 2020 c 225 s 3; 2017 3rd sp.s. c 13 s 1002; 1990 c 33 s 491; 1981 c 264 s 5. Formerly RCW 28A.44.190.]
Notes:
Effective date—2017 3rd sp.s. c 13 ss 1001 and 1002: See note following RCW 28A.545.030.
Intent—2017 3rd sp.s. c 13: See note following RCW 28A.150.410.
Collective bargaining agreements not impaired—2017 3rd sp.s. c 13: See note following RCW 41.56.139.
Severability—1981 c 264: See note following RCW 28A.545.030.

catchline: Superintendent's annual determination of estimated amount due—Process.


title: RCW 28A.545.080

text:
The estimated amounts due by nonhigh school districts as determined pursuant to RCW 28A.545.070 shall be paid in two installments. During the month of May of the school year for which the amount is due, each nonhigh school district shall pay to each high school district fifty percent of the total estimated amount due to the high school district for the school year as determined by the superintendent of public instruction pursuant to RCW 28A.545.070. The remaining fifty percent shall be paid by each nonhigh school district to each high school district during the following November.
[ 1990 c 33 s 492; 1981 c 264 s 6. Formerly RCW 28A.44.200.]
Notes:
Severability—1981 c 264: See note following RCW 28A.545.030.

catchline: Estimated amount due paid in May and November installments.


title: RCW 28A.545.090

text:
Notwithstanding any provision of RCW 28A.545.050 through 28A.545.080 to the contrary, any high school district board of directors may elect to assess a nonhigh school district an amount which is less than that otherwise established by the superintendent of public instruction pursuant to RCW 28A.545.070 to be due. In the event a high school district elects to do so, it shall notify both the superintendent of public instruction and the nonhigh school district of its election and the lesser amount no later than September first following the school year for which the amount is due. In the absence of such notification, each nonhigh school district shall pay the amount otherwise established by the superintendent of public instruction pursuant to RCW 28A.545.070.
[ 1990 c 33 s 493; 1981 c 264 s 7. Formerly RCW 28A.44.210.]
Notes:
Severability—1981 c 264: See note following RCW 28A.545.030.

catchline: Assessing nonhigh school lesser amount—Notice of.


title: RCW 28A.545.100

text:
Unless otherwise agreed to by the board of directors of a nonhigh school district, the amounts which are established as due by a nonhigh school district pursuant to RCW 28A.545.030 through 28A.545.110 and 84.52.0531, as now or hereafter amended, shall constitute the entire amount which is due by a nonhigh school district for the school year for the education of any and all students with or without disabilities residing in the nonhigh school district who attend a high school district pursuant to RCW 28A.225.210, and for the transportation of such students by a high school district.
[ 1995 c 77 s 26; 1990 c 33 s 494; 1983 1st ex.s. c 61 s 7; 1981 c 264 s 8. Formerly RCW 28A.44.220.]
Notes:
Severability—1983 1st ex.s. c 61: See note following RCW 28A.160.010.
Severability—1981 c 264: See note following RCW 28A.545.030.

catchline: Amount due reflects cost of education and transportation of students.


title: RCW 28A.545.110

text:
The superintendent of public instruction is hereby empowered to adopt rules pursuant to chapter 34.05 RCW, as now or hereafter amended, deemed necessary or advisable by the superintendent to effect the purposes and implement the provisions of RCW 28A.545.030 through 28A.545.110 and 84.52.0531.
[ 1990 c 33 s 495; 1981 c 264 s 9. Formerly RCW 28A.44.230.]
Notes:
Severability—1981 c 264: See note following RCW 28A.545.030.

catchline: Rules to effect purposes and implement provisions.


title: RCW 28A.545.120

text:
(1) The superintendent of public instruction, with recommendations from the school facilities citizen advisory panel under RCW 28A.525.025, shall adopt rules governing the establishment in any existing nonhigh school district of any secondary program or any new grades in grades nine through twelve. Before any such program or any new grades are established, the district must obtain prior approval of the superintendent of public instruction.
(2) This section does not apply to innovation academy cooperatives established under RCW 28A.340.080 through 28A.340.090.
[ 2010 c 99 s 8; 2006 c 263 s 325.]
Notes:
Findings—Intent—2010 c 99: See note following RCW 28A.340.080.
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.

catchline: New programs or grades—Approval—Rules.


title: RCW 28A.545.130

text:
Any compliance reporting requirements as a result of laws in this chapter that apply to second-class districts may be submitted in accordance with RCW 28A.330.250.
[ 2011 c 45 s 44.]
Notes:
Conflict with federal requirements—2011 c 45: See note following RCW 28A.330.250.

catchline: Condensed compliance reports—Second-class districts.


title: RCW 28A.545.140

text:
Upon a nonhigh school district's request, a host high school district shall provide an annual data report to the nonhigh school district within sixty days of the request. The report must include attendance, grades, discipline, and state assessment data for all nonhigh secondary students sent to the high school district.
[ 2020 c 225 s 2.]

catchline: Annual data reports.


title: RCW 28A.600.006

text:
Any compliance reporting requirements as a result of laws in this chapter that apply to second-class districts may be submitted in accordance with RCW 28A.330.250.
[ 2011 c 45 s 45.]
Notes:
Conflict with federal requirements—2011 c 45: See note following RCW 28A.330.250.


title: RCW 28A.600.010

text:
Every board of directors, unless otherwise specifically provided by law, shall:
(1) Enforce the rules prescribed by the superintendent of public instruction for the government of schools, pupils, and certificated employees.
(2) Adopt and make available to each pupil, teacher and parent in the district reasonable written rules regarding pupil conduct, discipline, and rights, including but not limited to short-term suspensions as referred to in RCW 28A.600.015 and suspensions in excess of ten consecutive days. Such rules shall not be inconsistent with any of the following: Federal statutes and regulations, state statutes, common law, and the rules of the superintendent of public instruction. The board's rules shall include such substantive and procedural due process guarantees as prescribed by the superintendent of public instruction under RCW 28A.600.015. When such rules are made available to each pupil, teacher, and parent, they shall be accompanied by a detailed description of rights, responsibilities, and authority of teachers and principals with respect to the discipline of pupils as prescribed by state statutory law, the superintendent of public instruction, and the rules of the school district.
For the purposes of this subsection, computation of days included in "short-term" and "long-term" suspensions shall be determined on the basis of consecutive school days.
(3) Suspend, expel, or discipline pupils in accordance with RCW 28A.600.015.
[ 2006 c 263 s 901; 1997 c 265 s 4; 1990 c 33 s 496; 1979 ex.s. c 173 s 2; 1975-'76 2nd ex.s. c 97 s 2; 1975 1st ex.s. c 254 s 1; 1971 ex.s. c 268 s 1; 1969 ex.s. c 223 s 28A.58.101. Prior: 1969 c 53 s 1, part; 1967 ex.s. c 29 s 1, part; 1967 c 12 s 1, part; 1965 ex.s. c 49 s 1, part; 1963 c 104 s 1, part; 1963 c 5 s 1, part; 1961 c 305 s 1, part; 1961 c 237 s 1, part; 1961 c 66 s 1, part; 1955 c 68 s 2, part. Formerly RCW 28A.58.101, 28.58.100(2), (6).]
Notes:
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
Severability—1997 c 265: See note following RCW 13.40.160.
Severability—1975 1st ex.s. c 254: See note following RCW 28A.410.120.

catchline: Enforcement of rules of conduct—Due process guarantees—Computation of days for short-term and long-term suspensions.


title: RCW 28A.600.015

text:
(1) The superintendent of public instruction shall adopt and distribute to all school districts lawful and reasonable rules prescribing the substantive and procedural due process guarantees of pupils in the common schools. Such rules shall authorize a school district to use informal due process procedures in connection with the short-term suspension of students to the extent constitutionally permissible: PROVIDED, That the superintendent of public instruction deems the interest of students to be adequately protected. When a student suspension or expulsion is appealed, the rules shall authorize a school district to impose the suspension or expulsion temporarily after an initial hearing for no more than 10 consecutive school days or until the appeal is decided, whichever is earlier. Any days that the student is temporarily suspended or expelled before the appeal is decided shall be applied to the term of the student suspension or expulsion and shall not limit or extend the term of the student suspension or expulsion. An expulsion or suspension of a student may not be for an indefinite period of time.
(2) Short-term suspension procedures may be used for suspensions of students up to and including, 10 consecutive school days.
(3) Emergency removals must end or be converted to another form of corrective action within ten school days from the date of the emergency removal from school. Notice and due process rights must be provided when an emergency removal is converted to another form of corrective action.
(4) School districts may not impose long-term suspension or expulsion as a form of discretionary discipline.
(5) Any imposition of discretionary and nondiscretionary discipline is subject to the bar on suspending the provision of educational services pursuant to subsection (8) of this section.
(6) As used in this chapter, "discretionary discipline" means a disciplinary action taken by a school district for student behavior that violates rules of student conduct adopted by a school district board of directors under RCW 28A.600.010 and this section, but does not constitute action taken in response to any of the following:
(a) A violation of RCW 28A.600.420;
(b) An offense in RCW 13.04.155;
(c) Two or more violations of RCW 9A.46.120, 9.41.280, 28A.600.455, 28A.635.020, or 28A.635.060 within a three-year period; or
(d) Behavior that adversely impacts the health or safety of other students or educational staff.
(7) Except as provided in RCW 28A.600.420, school districts are not required to impose long-term suspension or expulsion for behavior that constitutes a violation or offense listed under subsection (6)(a) through (d) of this section and should first consider alternative actions.
(8) School districts may not suspend the provision of educational services to a student as a disciplinary action. A student may be excluded from a particular classroom or instructional or activity area for the period of suspension or expulsion, but the school district must provide an opportunity for a student to receive educational services during a period of suspension or expulsion.
(9) Nothing in this section creates any civil liability for school districts, or creates a new cause of action or new theory of negligence against a school district board of directors, a school district, or the state.
[ 2023 c 242 s 9; 2016 c 72 s 105; 2013 2nd sp.s. c 18 s 302; 2006 c 263 s 701; 1996 c 321 s 2; 1975-'76 2nd ex.s. c 97 s 1; 1971 ex.s. c 268 s 2. Formerly RCW 28A.305.160, 28A.04.132.]
Notes:
Finding—Intent—2016 c 72: "(1) The legislature has already established that it is a goal of the state to provide for a public school system that gives all students the opportunity to achieve personal and academic success. This goal contains within it a promise of excellence and opportunity for all students, not just some students. In 2012, in McCleary v. State of Washington, the Washington supreme court reaffirmed the positive constitutional right of every student by noting, "No child is excluded." In establishing the educational opportunity gap oversight and accountability committee in 2009, the legislature recognized that additional work was needed to fulfill the promise of excellence and opportunity for students of certain demographic groups, including English language learners.
(2) In its 2015 report to the legislature, the educational opportunity gap oversight and accountability committee made the following recommendations in keeping with its statutory purpose, which is to recommend specific policies and strategies to close the educational opportunity gap:
(a) Reduce the length of time students of color are excluded from school due to suspension and expulsion and provide students support for reengagement plans;
(b) Enhance the cultural competence of current and future educators and classified staff;
(c) Endorse all educators in English language learner and second language acquisition;
(d) Account for the transitional bilingual instruction program instructional services provided to English language learner students;
(e) Analyze the opportunity gap through deeper disaggregation of student demographic data;
(f) Invest in the recruitment, hiring, and retention of educators of color;
(g) Incorporate integrated student services and family engagement; and
(h) Strengthen student transitions at each stage of the education development pathway: Early learning to elementary, elementary to secondary, secondary to college and career.
(3) The legislature finds that these recommendations represent a holistic approach to making progress toward closing the opportunity gap. The recommendations are interdependent and mutually reinforcing. Closing the opportunity gap requires highly skilled, culturally competent, and diverse educators who understand the communities and cultures that students come from; it requires careful monitoring of not only the academic performance but also the educational environment for all students, at a fine grain of detail to assure adequate accountability; and it requires a robust program of instruction, including appropriately trained educators, to help English language learners gain language proficiency as well as academic proficiency.
(4) Therefore, the legislature intends to adopt policies and programs to implement the six recommendations of the educational opportunity gap oversight and accountability committee and fulfill its promise of excellence and opportunity for all students." [ 2016 c 72 s 1.]
Application—Enforcement of laws protecting health and safety—2013 2nd sp.s. c 18: See note following RCW 28A.600.022.
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.

catchline: Expulsions and suspensions—Rules incorporating due process—Short-term and long-term suspensions—Emergency removals—Discretionary discipline.


title: RCW 28A.600.020

text:
(1) The rules adopted pursuant to RCW 28A.600.010 shall be interpreted to ensure that the optimum learning atmosphere of the classroom is maintained, and that the highest consideration is given to the judgment of qualified certificated educators regarding conditions necessary to maintain the optimum learning atmosphere.
(2) Any student who creates a disruption of the educational process in violation of the building disciplinary standards while under a teacher's immediate supervision may be excluded by the teacher from his or her individual classroom and instructional or activity area for all or any portion of the balance of the school day, or up to the following two days, or until the principal or designee and teacher have conferred, whichever occurs first. Except in emergency circumstances, the teacher first must attempt one or more alternative forms of corrective action. In no event without the consent of the teacher may an excluded student return to the class during the balance of that class or activity period or up to the following two days, or until the principal or his or her designee and the teacher have conferred.
(3) In order to preserve a beneficial learning environment for all students and to maintain good order and discipline in each classroom, every school district board of directors shall provide that written procedures are developed for administering discipline at each school within the district. Such procedures shall be developed with the participation of parents and the community, and shall provide that the teacher, principal or designee, and other authorities designated by the board of directors, make every reasonable attempt to involve the parent or guardian and the student in the resolution of student discipline problems. Such procedures shall provide that students may be excluded from their individual classes or activities for periods of time in excess of that provided in subsection (2) of this section if such students have repeatedly disrupted the learning of other students. The procedures must be consistent with the rules of the superintendent of public instruction and must provide for early involvement of parents in attempts to improve the student's behavior.
(4) The procedures shall assure, pursuant to RCW 28A.400.110, that all staff work cooperatively toward consistent enforcement of proper student behavior throughout each school as well as within each classroom.
(5)(a) A principal shall consider imposing long-term suspension or expulsion as a sanction when deciding the appropriate disciplinary action for a student who, after July 27, 1997:
(i) Engages in two or more violations within a three-year period of RCW 9A.46.120, 28A.600.455, 28A.600.460, 28A.635.020, 28A.600.020, 28A.635.060, or 9.41.280; or
(ii) Engages in one or more of the offenses listed in RCW 13.04.155.
(b) The principal shall communicate the disciplinary action taken by the principal to the school personnel who referred the student to the principal for disciplinary action.
(6) Any corrective action involving a suspension or expulsion from school for more than ten days must have an end date of not more than the length of an academic term, as defined by the school board, from the time of corrective action. Districts shall make reasonable efforts to assist students and parents in returning to an educational setting prior to and no later than the end date of the corrective action. Where warranted based on public health or safety, a school may petition the superintendent of the school district, pursuant to policies and procedures adopted by the office of the superintendent of public instruction, for authorization to exceed the academic term limitation provided in this subsection. The superintendent of public instruction shall adopt rules outlining the limited circumstances in which a school may petition to exceed the academic term limitation, including safeguards to ensure that the school district has made every effort to plan for the student's return to school. School districts shall report to the office of the superintendent of public instruction the number of petitions made to the school board and the number of petitions granted on an annual basis.
(7) Nothing in this section prevents a public school district, educational service district, the Washington center for deaf and hard of hearing youth, or the state school for the blind if it has suspended or expelled a student from the student's regular school setting from providing educational services to the student in an alternative setting or modifying the suspension or expulsion on a case-by-case basis. An alternative setting should be comparable, equitable, and appropriate to the regular education services a student would have received without the exclusionary discipline. Example alternative settings include alternative high schools, one-on-one tutoring, and online learning.
[ 2019 c 266 s 22; 2016 c 72 s 106; 2013 2nd sp.s. c 18 s 303; 2006 c 263 s 706; 1997 c 266 s 11; 1990 c 33 s 497; 1980 c 171 s 1; 1972 ex.s. c 142 s 5. Formerly RCW 28A.58.1011.]
Notes:
Finding—Intent—2016 c 72: See note following RCW 28A.600.015.
Application—Enforcement of laws protecting health and safety—2013 2nd sp.s. c 18: See note following RCW 28A.600.022.
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
Findings—Intent—Severability—1997 c 266: See notes following RCW 28A.600.455.

catchline: Exclusion of student from classroom—Written disciplinary procedures—Long-term suspension or expulsion.


title: RCW 28A.600.022

text:
(1) School districts should make efforts to have suspended or expelled students return to an educational setting as soon as possible. School districts must convene a meeting with the student and the student's parents or guardians within twenty days of the student's long-term suspension or expulsion, but no later than five days before the student's enrollment, to discuss a plan to reengage the student in a school program. Families must have access to, provide meaningful input on, and have the opportunity to participate in a culturally sensitive and culturally responsive reengagement plan.
(2) In developing a reengagement plan, school districts should consider shortening the length of time that the student is suspended or expelled, other forms of corrective action, and supportive interventions that aid in the student's academic success and keep the student engaged and on track to graduate. School districts must create a reengagement plan tailored to the student's individual circumstances, including consideration of the incident that led to the student's long-term suspension or expulsion. The plan should aid the student in taking the necessary steps to remedy the situation that led to the student's suspension or expulsion.
(3) Any reengagement meetings conducted by the school district involving the suspended or expelled student and his or her parents or guardians are not intended to replace a petition for readmission.
[ 2016 c 72 s 107; 2013 2nd sp.s. c 18 s 308.]
Notes:
Finding—Intent—2016 c 72: See note following RCW 28A.600.015.
Application—Enforcement of laws protecting health and safety—2013 2nd sp.s. c 18: "Nothing in chapter 18, Laws of 2013 2nd sp. sess. prevents a public school district, law enforcement agencies, or law enforcement personnel from enforcing laws protecting health and human safety." [ 2013 2nd sp.s. c 18 s 309.]

catchline: Suspended or expelled students—Reengagement plan.


title: RCW 28A.600.025

text:
(1) The First Amendment to the United States Constitution, and Article I, sections 5 and 11 of the Washington state Constitution guarantee that students retain their rights of free speech and free exercise of religion, notwithstanding the student's enrollment and attendance in a common school. These rights include, but are not limited to, the right of an individual student to freely express and incorporate the student's religious beliefs and opinions where relevant or appropriate in any and all class work, homework, evaluations or tests. School personnel may not grade the class work, homework, evaluation, or test on the religious expression but may grade the student's performance on scholastic content such as spelling, sentence structure, and grammar, and the degree to which the student's performance reflects the instruction and objectives established by the school personnel. School personnel may not subject an individual student who expresses religious beliefs or opinions in accordance with this section to any form of retribution or negative consequence and may not penalize the student's standing, evaluations, or privileges. An employee of the school district may not censure a student's expression of religious beliefs or opinions, when relevant or appropriate, in any class work, homework, evaluations or tests, extracurricular activities, or other activities under the sponsorship or auspices of the school district.
(2) This section is not intended to impose any limit on the exchange of ideas in the common schools of this state. No officer, employee, agent, or contractor of a school district may impose his or her religious beliefs on any student in class work, homework, evaluations or tests, extracurricular activities, or other activities under the auspices of the school district.
(3) The superintendent of public instruction shall distribute to the school districts information about laws governing students' rights of religious expression in school.
[ 1998 c 131 s 2.]
Notes:
Findings—1998 c 131: "The legislature recognizes the right of free speech and freedom of religion as guaranteed through the First Amendment to the United States Constitution and Article I, sections 5 and 11 of the Washington state Constitution and that these rights extend to students enrolled in the common schools of our state.
The legislature also recognizes that students may choose to exercise these rights, as protected under the law, in response to the challenges of academic pursuit. While the legislature upholds the rights of students to freely express their religious beliefs and right of free speech, it also holds firmly that it is not the role of education to solicit student responses that force students to reveal, analyze, or critique their religious beliefs." [ 1998 c 131 s 1.]

catchline: Students' rights of religious expression—Duty of superintendent of public instruction to inform school districts.


title: RCW 28A.600.027

text:
(1) Student editors of school-sponsored media are responsible for determining the news, opinion, feature, and advertising content of the media subject to the limitations of subsection (2) of this section. This subsection does not prevent a student media adviser from teaching professional standards of English and journalism to the student journalists. A student media adviser may not be terminated, transferred, removed, or otherwise disciplined for complying with this section.
(2) School officials may only prohibit student expression that:
(a) Is libelous or slanderous;
(b) Is an unwarranted invasion of privacy;
(c) Violates federal or state laws, rules, or regulations;
(d) Incites students to violate federal or state laws, rules, or regulations;
(e) Violates school district policy or procedure related to harassment, intimidation, or bullying pursuant to *RCW 28A.300.285 or the prohibition on discrimination pursuant to RCW 28A.642.010;
(f) Inciting of students so as to create a clear and present danger of:
(i) The commission of unlawful acts on school premises;
(ii) The violation of lawful school district policy or procedure; or
(iii) The material and substantial disruption of the orderly operation of the school. A school official must base a forecast of material and substantial disruption on specific facts, including past experience in the school and current events influencing student behavior, and not on undifferentiated fear or apprehension; or
(g) Is in violation of the federal communications act or applicable federal communication commission rules or regulations.
(3) Political expression by students in school-sponsored media shall not be deemed the use of public funds for political purposes, for purposes of the prohibitions of RCW 29B.40.250.
(4) Any student, individually or through his or her parent or guardian, enrolled in a public high school may file an appeal of any alleged violation of subsection (1) of this section pursuant to chapter 28A.645 RCW.
(5) Expression made by students in school-sponsored media is not necessarily the expression of school policy. Neither a school official nor the governing board of the school or school district may be held responsible in any civil or criminal action for any expression made or published by students in school-sponsored media.
(6) Each school district that includes a high school shall adopt a written student freedom of expression policy in accordance with this section. The policy may include reasonable provisions for the time, place, and manner of student expression.
(7) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "School-sponsored media" means any matter that is prepared, substantially written, published, or broadcast by student journalists, that is distributed or generally made available, either free of charge or for a fee, to members of the student body, and that is prepared under the direction of a student media adviser. "School-sponsored media" does not include media that is intended for distribution or transmission solely in the classrooms in which they are produced.
(b) "Student journalist" means a student who gathers, compiles, writes, edits, photographs, records, or prepares information for dissemination in school-sponsored media.
(c) "Student media adviser" means a person who is employed, appointed, or designated by the school to supervise, or provide instruction relating to, school-sponsored media.
[ 2024 c 164 s 504; 2018 c 125 s 2.]
Notes:
*Reviser's note: RCW 28A.300.285 was repealed by 2019 c 194 s 5.
Intent—Construction—Rules remain valid—Effective date—2024 c 164: See notes following RCW 29B.10.010.
Finding—Intent—2018 c 125: "The legislature finds that freedom of expression through school-sponsored media is a fundamental principle in our democratic society granted by the First Amendment to the United States Constitution and by Article I, section 5 of the state Constitution. It is the intent of the legislature to protect freedom of expression through school-sponsored media for both public school students and students at public institutions of higher education in this state in order to encourage students to become educated, informed, and responsible members of society." [ 2018 c 125 s 1.]

catchline: Student expression in school-sponsored media.