Guidelines for
Changing School
District Boundaries
2021
Page | 2
GUIDELINES FOR CHANGING
SCHOOL DISTRICT
BOUNDARIES
2021
T.J. Kelly
Chief Financial Officer
P
repared by:
• Randy Newman, Director, School Facilities and Organization
[email protected] | 360-725-6267
• Scott Black, Program Development Manager
[email protected] | 360-725-6268
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TABLE OF CONTENTS
Role of OSPI in School District Organization .............................................................................................................. 4
S
chool District Organization History ............................................................................................................................. 5
P
urpose and Explanation of the Statute .................................................................................................................. 6
Tr
ansfer of Territory by Petition ................................................................................................................................. 7
C
itizen Initiated Petition ........................................................................................................................................... 7
S
chool District Board Initiated Petition ............................................................................................................... 8
R
egional Committee Hearing Procedures ......................................................................................................... 9
A
ppeal of Regional Committee Decision ........................................................................................................... 9
T
ransfer of Territory by Consolidation of School Districts ................................................................................. 11
T
ransfer of Territory by Dissolution and Annexation ........................................................................................... 12
S
chool District/Regional Committee Criteria...................................................................................................... 12
Fou
r-year Adjusted Cohort Graduation Rate ................................................................................................ 15
T
ransfer of Territory Citizen Petition Checklist........................................................................................................ 20
T
ransfer of Territory Petition Survey ........................................................................................................................... 21
S
chool District Negotiations .......................................................................................................................................... 25
R
ecommended Guidelines......................................................................................................................................... 25
R
egional Committee Hearings and Deliberations ................................................................................................. 26
R
ecommended Guidelines......................................................................................................................................... 26
Adjustment of Assests and Liabilities………………………………………………………………………………………..……...31
Educational Service Districts .......................................................................................................................................... 33
OS
PI Staff .............................................................................................................................................................................. 34
Legal Notice ......................................................................................................................................................................... 35
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ROLE OF THE OFFICE OF THE
SUPERINTENDENT OF PUBLIC INSTRUCTION
(OSPI) IN SCHOOL DISTRICT ORGANIZATION
The School Facilities and Organization Program of the Office of Superintendent of Public
Instruction (OSPI) is responsible for the oversight of school district organization. OSPI’s role
includes:
• Aiding regional committees in the performance of their duties.
• Carrying out the powers and duties of the Superintendent of Public Instruction related to
the organization and reorganization of school districts.
OSPI does not have direct authority over the day-to-day operations of individual schools and
school districts; this is the responsibility of the school district. Regional educational service districts
and other service providers assist schools with meeting regulatory requirements and implementing
best practices. OSPI provides support and information for these activities.
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SCHOOL DISTRICT ORGANIZATION HISTORY
The state effectively reached its goal to downsize the number of school districts from approximately
2,710 districts in 1910 to the current 295 school districts. The legislative effort to consolidate districts
was “pushed” by an apparent recognition that 2,710 school districts made it virtually impossible for
“The Legislature [to] provide a general and uniform system of public schools.”
[Article IX, Section 2.]
• 1947 – The Legislature established a regional committee on school district organization in each
Educational Service District (ESD) to manage “local” proposals and disputes relating to school
district boundaries.
• 1999 – Based in part on a yearlong study by the State Board of Education (SBE), the Legislature
adopted major changes to the school district organization statutes including:
• Significant upgrading/updating of decision-making criteria.
• Only citizens and school boards can submit a petition.
• Citizen petition signature threshold was reduced to ten percent to propose a
transfer of territory (returned to fifty percent + one in 2003.)
• Districts affected by a proposed transfer of territory are required to attempt a
negotiated agreement. Each school district board of directors, whether or not
initiating a proposed transfer of territory, is required to enter into negotiations
with the affected district or districts.
• Regional Committees make the final decision rather than the SBE when the
districts cannot reach an agreement AND the district in which the citizen
petitioners reside requests the Regional Committee to hear the petition SBE can
hear appeals only on approved transfers. (Changed in 2003).
• Annual training required for Regional Committees, State Board, ESD
superintendents, local district boards and district superintendents.
• 2003 – The Legislature made three adjustments to the 1999 changes:
• Restored the citizen petition signature requirement to fifty percent plus
one.
• Allowed any Regional Committee decision to be appealed to the State Board
of Education.
• Refined the student learning criteria focus from considering the annual school
performance reports to considering student educational opportunities.
• 2005 – The Legislature changed oversight of school district boundaries from the State
board of Education to OSPI.
• 2007 – The Legislature changed the appointment process for Regional Committee
members from an election to appointment by the Educational Service District
Superintendent.
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Purpose and Explanation of the Statute
Chapter 28A.315 of the Revised Code of Washington (RCW) governs the organization and
reorganization of school districts. This chapter has two purposes. First, to consolidate all the laws
related to the formation of new school districts, the alteration of boundaries for existing school
districts, and adjustment of assets and liabilities as needed to coincide with changes. Second, it is
intended to permit people that are concerned and affected by school district boundary issues to
participate in those changes.
A new school district that is created through the
reorganization process set forth in this chapter may only be
comprised of (a) two or more whole school districts or, (b)
parts of two or more school districts and/or a territory that is
not part of any school district if such territory is contiguous to
the school district to which it is transferred.
The boundaries of existing school districts may be altered or
reorganized under this chapter in one of three ways:
1. Transfer of Territory by Petition
2. Consolidation of school districts
3. Dissolution and Annexation
Given the specifically listed reorganization alterations permitted under the statute, the Attorney
General’s Office has consistently advised that this chapter does not authorize or allow a section of a
school district to break away from that school district and form a new and separate school district
by itself.
It is not the intent or purpose of school district organization to attend to individual student
problems or preferences. That is handled under state “choice” laws (e.g. interdistrict, intradistrict,
and other enrollment options found in Chapters 28A.225, 28A.185.040, 28A.340, 28A.540.110
, and
28A.600.300-400 RCW).
“Choice” can also be other means such as student release policies that are the responsibility of the
local school district board of directors. Enrollment choice options are separate from school district
boundary issues.
The boundaries of
existing school districts
may be altered or
reorganized in one of
three ways:
1. Transfer of Territory
by Petition
2. Consolidation of
school districts
3. Dissolution and
Annexation
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Transfer of Territory by Petition
RCW 28A.315.195 says a transfer of territory petition can be initiated by
either a citizen or a school district board.
The amount of time it takes for a successful citizen petition transfer of
territory to be implemented varies, however:
• If two districts agree to the transfer, and the Regional Committee
is not involved, the time will normally range from 90 days to one year–depending on the
circumstances.
• If a petition goes to a hearing before the Regional Committee, the actual transfer may take
between six–eight months or as long as several years. Depending on the size of transfer of
territory and bond and levy issues, the Regional Committee has the authority to set a time
frame for transfer which could encompass several years.
• If a petitioner appeals the Regional Committee’s decision to the Administrative Law Judge
(ALJ), or higher, the timeframe would be significantly longer and depend on relevant court
calendars and how many levels of appeal take place.
Citizen Initiated Petition
The petition must be signed by 50% plus one of the active registered voters residing in the territory
which is the subject of the petition. Petitioners’ signatures must not be more than six months
before submission date.
The petition must include:
• The name and number of each school district affected.
• A description of the proposed boundary changes.
• The reasons for the proposed transfer.
• The number of school-age children residing in the proposed area of transfer.
The petition must be submitted to the educational service district (ESD) superintendent.
After receiving a petition, the ESD superintendent must notify all the parties in writing that the
affected school districts must negotiate and reach an outcome within 90 days of the letter from the
ESD. An extra 30 days may be granted if requested.
Either school district may request a mediator. The mediator may take an additional 30 days to assist
in working out an agreement between the school districts.
Upon reaching a recommendation through the district to district negotiation process, the
negotiating districts will produce a written summary of the recommendation, including the
rationale for the recommendation, and submit to the respective affected school district boards of
directors. At a public meeting of the board, each board of directors shall adopt a written resolution
indicating whether the board approves or disapproves of the transfer of territory.
A transfer of
territory petition
can be initiated by
either a citizen or
the board of a
school district.
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• If the affected school districts agree that the proposed transfer should take place, the
decision is forwarded on to the ESD superintendent to have the official order written.
• If the affected school districts agree that the proposed transfer should not take place, the
petition is dismissed.
• If the affected school districts cannot agree on the petition
initiated by citizens, the school district in which the citizens
reside must contact the ESD superintendent in writing and
request a hearing before the Regional Committee.
• If a petition is dismissed at any stage of these proceedings,
another petition on the same territory, or any part of the
territory, may not be filed for a period of 5 years.
If a hearing is being requested, the ESD superintendent must notify the
Regional Committee within ten days of receiving written notice from
the school district.
In a citizen-initiated transfer, the entire proposed territory transfer must be negotiated. It cannot be
divided into smaller parts.
School District Board Initiated Petition
The petition must be signed by a majority of members of the
school board at one of the school districts affected by the
proposed transfer of territory.
Documentation must be provided to establish that the school
board:
• Communicated the proposed transfer to the board of
directors of the affected district(s) and provided an
opportunity for the board of the affected district(s) to
respond.
• Communicated the proposed transfer to the registered
voters residing in the territory proposed to be transferred,
providing notice and an opportunity to comment on the
proposal at the public hearing.
The petition must include:
• The name and number of each school district affected.
• A description of the proposed boundary changes.
• The reasons for the proposed transfer.
• The number of school age children residing in the proposed
area of transfer.
The petition must be submitted to the ESD superintendent.
If a hearing is
requested, the ESD
superintendent
must notify the
Regional Committee
within 10 days of
receiving written
notice from
the school district.
RCW 28A.315.015 (2)
It is the state’s policy
that decisions on
proposed changes in
school district
organization should
be made, whenever
possible, by
negotiated
agreement between
the affected school
districts. If the
districts cannot
agree, the decision
shall be made by the
regional committees
on school district
organization, based
on the committees’
best judgment,
taking into
consideration the
following factors and
factors under
RCW 28A.315.205.
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After receiving a petition, the ESD superintendent must notify all parties in writing that the affected
school districts must negotiate and reach an outcome within 90 days of the letter from the ESD. An
extra 30 days may be granted if requested.
Either school district may request a mediator. The mediator may take an additional 30 days to assist
in working out an agreement between the school districts.
Upon reaching a recommendation through the district-to-district negotiation process, the
negotiating districts will produce a written summary of the recommendation, including the
rationale for the recommendation and submit it to the respective affected school district board of
directors. At a public meeting of the board, each board of directors shall adopt a written resolution
indicating whether the board approves or disapproves of the transfer of territory.
• If the affected districts agree that the proposed transfer should take place the decision is
forwarded on to the ESD superintendent to have the official order written.
• If the affected school districts agree that the proposed transfer should not take place, the
petition is dismissed.
• If the affected school districts cannot agree on the petition initiated by the school board,
either school district may request the ESD superintendent to set up a hearing with the
Regional Committee.
If a hearing is requested, the ESD superintendent must notify the Regional Committee Chair within
10 days of receiving written notice from the school district.
Regional Committee Hearing Procedures
RCW 28A-315-205
• The Regional Committee has 60 days to schedule a public hearing after receiving notice
from the ESD superintendent regarding the school districts can’t agree on the transfer of
proposed territory.
• The Regional Committee must issue its written findings and decision to approve or
disapprove the transfer within 30 days of completion of the hearing.
• The ESD superintendent must send a copy of the Regional Committee decision within ten
days of issuance to the affected school districts.
• During the hearing process, the Regional Committee may direct or limit any proposed
evidence a party wishes to submit at the hearing. The Regional Committee may also request
additional information and evidence from the parties or other interested individuals.
• The Regional Committee is required to use its best judgment in the consideration of the
factors outlined in RCW 28A.315.015 (2) and 28A.315.205 (4).
• If a Petition is dismissed at any stage of these proceedings, another petition on the same
territory, or any part of the territory, may not be filed for a period of 5 years.
Appeal of Regional Committee Decision
RCW 28A.315.205 (5)(a)(i)
An appeal may only be based on two grounds. Either 1) The Regional Committee failed to follow
statutory or regulatory procedures, or 2) the Regional Committee acted in an arbitrary and
capricious manner.
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Any appeal of the Regional Committee decision must be filed with the OSPI Administrative
Resource Services. OSPI then contacts the Office of Administrative hearings (OAH) and schedules a
hearing with an Administrative Law Judge (ALJ) based on the record produced by the Regional
Committee.
If the ALJ finds that the Regional Committee did not follow applicable procedures, or acted in an
arbitrary and capricious manner, the case is remanded back to the Regional Committee for
rehearing.
On rehearing, the Regional Committee at its discretion or, with the direction from the
administrative law judge may 1) use the record already in existence and request new evidence to
update the record, or 2) use the record already in existence to re-deliberate without any new
evidence.
As a practical matter, the Regional Committee should not rehear the petition by setting a new
hearing and starting over absent some extraordinary problems with the record already in existence.
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TRANSFER OF TERRITORY BY
CONSOLIDATION OF SCHOOL DISTRICTS
RCW 28A.315.235
Consolidation is when two or more school districts join to form a new school district. The
consolidation process is initiated by a written petition presented to the ESD superintendent.
The petition:
• Must be signed by 10 or more registered voters living in affected areas in each school
district or by 10% of registered voters living in affected area.
• Must state the name and phone number of each school district involved in or affected by
the petition, along with a description of the boundary changes.
Before a consolidation of school districts can occur, the ESD superintendent must hold a special
election in the affected school districts to see if they approve or reject the consolidation. A simple
majority vote determines approval or rejection of the proposed consolidation petition. The cost of
the election is the responsibility of the school districts. When a consolidation petition is approved,
the ESD superintendent will write an order for the approved changes in boundaries for the affected
school districts, along with an equitable adjustment of assets and liabilities. The ESD
superintendent also certifies their actions to superintendents of all the affected school districts,
each county auditor, treasurer, and assessor.
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TRANSFER OF TERRITORY BY DISSOLUTION
AND ANNEXATION
RCW 28A.315.225
This section of the reorganization chapter anticipates a situation whereby a school district no
longer has the ability to function as a school district, either because enrollment has decreased to
five or because it has not been able to maintain the minimum number of school days required for a
school year (i.e., 180 days).
If either of the above situations occurs in the preceding school year, the ESD superintendent must
report it to the Regional Committee. The Regional Committee must then take action to dissolve the
school district and annex the dissolved school district territory into another school district.
There is also a provision in this section that permits annexation of non-school district property. In
the event there is territory that is not part of any school district, the ESD superintendent may
present the Regional Committee with a proposal for that territory’s annexation to one or more
adjoining school districts.
School District/Regional Committee Criteria
The sections of Revised Code of Washington (RCW) and Washington Administrative Code (WAC) in
this section must be considered in the decision-making process. RCWs are quoted in the callout
boxes. Some definitions are included for the purpose of clarity.
Note: Definitions in this section are not binding, except when the word “shall” is used. The
definitions are offered as a guide toward helping establish a common understanding of how the
cited terms and phrases might be applied in the context of considering a transfer of territory from
one school district to another.
RCW 28A.315.015 (2)
Definition: When districts agree to a proposed transfer
of territory, they are agreeing to support it and the
matter goes back to the ESD superintendent for
implementation.
When districts agree to deny the proposed transfer of
territory, the petition is terminated. In this case, citizen
petitioners can appeal to superior court for judicial
review.
RCW 28A.315.015 (2)(a)
Definition: The issue of “balance” is necessarily subjective. It should not be narrowly construed nor
defined to look at just the neighborhood impact.
“Local petition requests” includes both citizen-initiated and school board-initiated petition
RCW 28A.315.015 (2)(a)
A balance of local petition
requests and the needs of the
statewide community at large in a
manner that advances the best
interest of public education in the
affected school districts and
communities, the educational
service district, and the state.
Page | 13
requests. Local petition requests need to be “balanced” or fairly compared between the affected
school districts, communities, the educational service district, and the state.
“Statewide community at large” means all citizens of the state. An approved transfer of territory
should not result in one district incurring a significantly greater negative impact in terms of,
resources, qualified staff, community support and other considerations in contrast to another
district affected by the transfer.
Advancement of the best interest of public education must be considered at three levels; the
affected school districts and communities, the educational service districts, and the state. Affected
school districts and communities means those districts and communities (city or town, not just the
neighborhood ‘community’) directly impacted by the transfer of territory.
Regarding “advances the best interest of public education,” an approved transfer of territory should
leave the educational environment in the affected districts in an improved or neutral condition, as
well as in the ESD and the state.
RCW 28A.315.015 (2)(b)
Definition: Given the facts and circumstances of a
particular proposal to transfer territory, the following
“pools” of citizens will be affected to some degree:
• All citizens living within the territory proposed to
be transferred.
• All other citizens residing within the school district
from which the proposed territory will be
transferred.
• All citizens living within the immediate locale/
neighborhood of which the proposed territory will
become a part.
• All citizens residing within the school district to which the proposed territory will be
transferred. If the word “attendance” is substituted for “service,” then the phrase “logical
service boundary” probably comes into more clear focus. In application, a “logical service
(attendance) boundary” is one, at face-value, that is practical, reasonable, and rationale “in
the scheme of things.”
“Changing economic pattern” means the ongoing evolution of the aggregate nature of the
economy in the ESDs, including taking into account such factors as: growth in the area and region,
growth management issues, city and county economic development policies, possible shifts in city
and county boundaries via annexation, and planned communities. “Recognizing the changing
economic pattern” can mean to consider whether the transfer of territory will responsibly serve all
the affected citizens and students by contributing to an improvement/ enhancement of the
economic pattern.
RCW 28A.315.015 (2)(b)
Responsibly serving all the
affected citizens and students by
contributing to logical service
boundaries and recognizing a
changing economic pattern
within the educational service
districts of the state.
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RCW 28A.315.015 (2)(c)
Definition: “Educational opportunities” can be enhanced or diminished for other students living
outside the transfer territory. Educational opportunity impacts can include:
• All the students in the territory proposed to be
transferred.
• All the students in the district from which the
territory will be transferred.
• All the students in the immediate “neighborhood”
in the district to which the territory will be
transferred.
• All the students in the district to which the
territory will be transferred.
Possible disparity status should be considered by the
Regional Committee both before and after the transfer of territory decision. The Committee should
consider whether a district’s ability to pass a levy or bond, including the amount of the levy or
bond, will increase or decrease as a result of the transfer of territory. The Committee should
consider whether increasing or decreasing a district’s ability to pass a levy or bond will enhance
educational opportunities in the district. A transfer can result in reducing existing facilities
disparities.
A connection should be established, if possible, between the economic impacts of the proposed
transfer of territory and the impact on educational opportunities for all the students affected.
Economic impacts can include: The district from which the territory will be transferred, the district
to which the territory will be transferred, the ESD in which the transfer will occur, and the state.
RCW 28A.315.015 (2)(d)
Definition: “Wiser use” does not necessarily mean more
or fewer dollars at the educational service district level of
the education system resulting from the transfer of
territory, or at the state level of the education system
resulting from the transfer of territory.
“Wiser use” should consider the programmatic effects of
fiscal decisions and the fiscal effects of programmatic
decisions, including whether such decisions will lead to improvement in the school district system
of the ESDs and the state.
“Wiser use of public funds” should mean that the transfer of territory improves educational
opportunities for all students affected by the transfer.
RCW 28A.315.015 (2)(c)
Enhancing the educational
opportunities of pupils in the
territory by reducing existing
disparities among the affected
school districts’ ability to provide
operating and capital funds
through an equitable adjustment
of the assets and liabilities of the
affected districts.
RCW 28A.315.015 (2)(d)
Promoting a wiser use of public
funds through improvement in
the school district system of the
educational service districts and
the state.
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RCW 28A.315.195 (1)(a)
Definition: “Active registered voters” shall mean the same as defined by
the county auditor.
RCW 28A.315.205 (4)(a)
Definition: “Statewide mandated assessments” include
Smarter Balanced Assessments (SBA), Washington Comprehensive
Assessment of Science (WCAS), Washington Access to Instruction and
Measurement (WA-AIM), and alternates when available. One set of test
scores, alone, shall be considered as an insufficient basis to make a
judgment about student educational opportunities.
Every Student Succeeds Act
Washington School Improvement Framework: In 2015, the federal
government released a reauthorization of the Elementary and Secondary
Education Act (ESEA) with a new education law called Every Student
Succeeds Act (ESSA). Washington released the Washington School
Improvement Framework (WSIF) in 2018. The Framework combines as
many as nine indicators (including graduation rates for diploma granting
schools) into a 1–10 score. The school's score then determines the state
supports for the school to improve.
ESSA outlines that a four-year adjusted cohort graduation rate is a
required indicator for high school scores and allowed flexibility at the
state’s discretion to include the extended-year adjusted cohort graduation
rate. Schools are awarded additional points within the WSIF for increases
in their five-, six-, and seven-year adjusted cohort graduation rates.
Washington’s four-year graduation rate annual target can be found on the
Washington State Report Card
under Washington State Data > Targets >
Graduation.
Four-year Adjusted Cohort Graduation Rate
Students remain in their cohort for up to 7 years. A cohort begins with all first-time 9th grade
students in a given year. The cohort is adjusted by adding in students who transfer in at any time
and by subtracting students who transfer out at any time. To calculate the adjusted four-year
cohort graduation rate, we use the adjusted cohort as the denominator and the number of
students in the cohort identified as graduating during the four-year cohort period as the
numerator. This logic is replicated for the five-, six-, and seven-year cohorts.
Per federal regulations, the adjusted cohort calculation makes no modification for students whose
expected graduation timeframe is longer than 4 years. That is, it does not allow for ‘cohort
reassignment’ for students with disabilities or multilingual/English learners.
Students are placed in a cohort based strictly upon when they are identified as first entering 9th
grade in Washington. Students who transfer into a public high school in Washington for the first
RCW 28A.315.195
(1)(a)
Signed by at least fifty
percent plus one of the
active registered
voters residing in the
territory proposed to
be transferred; or...
RCW 28A.315.205 (4)(a)
The rules under
subsection (3) of this
section shall provide
for giving consideration
to all of the following:
(a) Student educational
opportunities as
measured by the
percentage of students
performing at each
level of the statewide
mandated assessments
and data regarding
student attendance,
graduation, and
dropout rates.
Page | 16
time after the 9th grade are identified as belonging to the cohort associated with when they were
first in 9th grade.
Formula:
Students (among denominator cohort) obtaining a high school diploma by year four /
Cohort of first time ninth graders in year one plus transfers in, minus transfers out
For updates, please see the following web addresses:
o ESSA/WSIF
o Annual Measurable Objectives
For additional information about the graduation rate, you may
contact Assessment and Student Information office at
For information about the WSIF,
you may contact our Achievement Data office at
RCW 28A.315.205 (4)(b)
Definition: “Safety” and “Welfare,” as defined, both may apply
in two contexts: a) getting to and from school, and b) the climate
and environment in and at school.
RCW 28A.315.205 (4)(c)
Definition: “History and relationship” must necessarily
recognize that communities change. Population growth
can impact the historical nature and experience of
communities and neighborhoods. The impact can occur
over a long term and short term. A master planned
community is one example of a planning concept that has
evolved, and which can impact prior existing communal
relationships and identities.
RCW 28A.315.205 (4)(d)
Definition: “Geographic accessibility” is further defined
in WAC 392-340-00701(6) to include:
RCW 28A.315.205 (4)(b)
The rules under subsection (3)
of this section shall provide
for giving consideration to all
of the following:
(b) The safety and welfare of
pupils. For the purposes of
this subsection, “safety”
means freedom or protection
from danger, injury, or
damage and “welfare” means
a positive condition or
influence regarding health,
character, and well-being.
RCW 28A.315.205(4)(c)
The history and relationship of the
property affected to the students and
communities affected, including, for
example, the impact of the growth
management act and current or
proposed urban growth areas, city
boundaries, and master planned
communities.
Page | 17
• Mountains, hills, valleys, wasteland, and related geographic
and man-made features which either enhance or impede
travel.
• Rivers, lakes, canals, and other natural or man-made
waterways and bodies of water which either enhance or
impede travel.
• The extent and nature of roads, highways, ferries, and traffic
patterns.
• Climatic conditions.
• Time required to travel to and from school.
Note: Each component above shall be considered, if applicable, to
the territory encompassed by the petition, but all applicable criteria
shall be rolled up into one judgment on geographic accessibility.
RCW 28A.315.205(4)(e)
All funding sources of the affected districts, equalization among
school districts of the tax burden for general fund and capital
purposes through a reduction in disparities in per pupil valuation
when all funding sources are considered, improvement in the
economies in the administration and operation of schools, and the
extent the proposed change would potentially reduce or increase the
individual and aggregate transportation costs of the affected school
districts.
Assessed “valuation” per pupil affects only levies and bonds.
Districts and Regional Committees may consider a separate “per
pupil valuation” that combines all other funding sources.
“Reduction” is necessarily subjective and should be evaluated in the
context of the particular petition.
The improvement in the economies in the administration and
operation of schools must apply to the affected schools in the
districts affected by the proposed transfer of territory.
Regarding transportation, consideration should be given to the likely
impact on transportation costs for the respective districts resulting
from the transfer of territory. Also, consideration should be given to
the likely impact on transportation costs for the combined districts
resulting from the transfer of territory.
RCW 28A.315.205(4)(e)
All funding sources of
the affected districts,
equalization among
school districts of the tax
burden for general fund
and capital purposes
through a reduction in
disparities in per pupil
valuation when all
funding sources are
considered, improvement
in the economies in the
administration and
operation of schools, and
the extent the proposed
change would potentially
reduce or increase the
individual and aggregate
transportation costs of
the affected school
districts.
RCW28A.315.205(4)(d)
Whether or not
geographic accessibility
warrants a favorable
consideration of
a recommended change
in school district
organization, including
remoteness or isolation
of places of residence
and time required to
travel to and from
school.
Page | 18
RCW 28A.315.205 (5)(a)(i)
Definition: A Regional Committee decision is not “arbitrary or
capricious” if the decision was made honestly and upon due
consideration of the factors and information presented at the
hearing. A Regional Committee decision is “arbitrary and
capricious” if the Administrative Law Judge (ALJ) cannot find a
rational connection between the written record and the decision
made or ALJ determines from the record and appeal hearing that
the Regional Committee did not conduct a reasonably thorough
discussion, or the ALJ finds that the decision was manifestly
unreasonable and that no reasonable person would take the same
view.
RCW 28A.315.245 (3)
Definition: “Bonded indebtedness” is typically “incurred” for
the purpose of schools but can include other purposes such as a
school district administrative center, skills center, bus barn, transportation cooperative facility,
athletic facility, joint district/community park and/or recreation center. Districts identify the source
of the bonded indebtedness.
RCW 28A.315.245 (5)
Definition: Existing challenges might be exacerbated, or potential challenges may arise resulting
from the transfer of territory e.g., staff layoffs, special education program enrollment, career and
technical education program enrollment, and English Language Learner (ELL) program enrollment.
RCW 28A.315.245 (6)
Definition: “All improvements” should be considered to mean capital improvements.
RCW 28A.315.205 (5)(a)(i)
A petitioner or school
district may appeal a
decision by the regional
committee to the
superintendent of
public instruction based
on the claim that the
regional committee
failed to follow the
applicable statutory and
regulatory procedures
or acted in an arbitrary
and capricious manner.
RCW 28A.315.245 (3)
In determining an equitable adjustment of assets and liabilities, the negotiating school
districts, and the regional committee shall consider the following factors:
(3) The purpose for which the bonded indebtedness of any school district involved or
affected by the proposed change in school district organization was incurred.
RCW 28A.315.245 (5)
(5) Additional burdens to the districts affected by the proposed change in school
district organization as a result of the proposed organization.
RCW 28A.315.245 (6)
“(6) The value, location, and disposition of all improvements located in the school
districts involved or affected by the proposed change in school district
organization.
Page | 19
RCW 28A.315.245 (7)
Definition: “All other sources of funding” indicates all funding
sources of the affected districts. Equalization among school districts, of
the tax burden for general fund and capital purposes through a
reduction in disparities in per pupil valuation when all funding sources
are considered, improvements in the economies in the administration
and operation of schools, and the extent the proposed change would
potentially reduce or increase the individual and aggregate
transportation costs of the affected school districts.
RCW 28A.315.245 (8)
Definition: An “equitable adjustment” is determined on a case-by-
case basis. The adjustment of assets and liabilities should be fair for the
affected districts.
RCW 28A.315.245 (7)
The consideration of all
other sources of
funding.
RCW 28A.315.245 (8)
Any other factors that
in the judgment of
the school districts or
regional committee
are important or
essential to the
making of an
equitable adjustment
of assets and
liabilities.
Page | 20
TRANSFER OF TERRITORY CITIZEN PETITION
CHECKLIST
The purpose of this checklist is to guide Washingtonians who are interested in filing a petition to
seek a transfer of territory from their current district of residence to a neighboring (contiguous)
school district.
This checklist is not required by OSPI, but it parallels checklists that are recommended for use by
school districts and that are required for use by Regional Committees on School District
Organization. Use of this checklist is recommended and should be helpful in facilitating the
districts’ negotiation process and possible deliberation by the Regional Committee.
Item Y/N
1. Petition identifies the name and number of each district affected by the proposed
transfer of territory.
Yes
No
2. Petition verifies that the affected districts are contiguous to one another. Contact
your Educational Service District (ESD) for assistance.
Yes
No
3. Petition includes (legal) description of the territory proposed to be transferred.
(Verified in writing by the county assessor.)
Yes
No
4. Petition identifies the number of school-age children, if any, residing in the
territory proposed to be transferred. (Number of public-school children, private
school children, and homeschool children. Transfer of territory could affect
enrollment in the receiving district via private and homeschool students deciding
to enroll in the receiving district. Citizens are encouraged to work with their
current school district to gather the numbers.)
Yes
No
5.
Petition states the reasons for seeking the proposed transfer of territory. (Citizens
are encouraged, not required, to provide data and rationale aligned with the
applicable criteria:
• RCW 28A.315.015 (2)(a-e)
• RCW 28A.315.195 (1-2)
• RCW 28A.315.205 (4)(a-e)
•
WAC 392-40-00701
Yes
No
Petition is signed by 50 percent + 1 of the active registered voters residing within the
territory proposed to be transferred. (Verified in writing by the county auditor.)
Petitioners’ signatures must not be more than six months before submission
date.
Yes
No
Page | 21
TRANSFER OF TERRITORY PETITION SURVEY
The Transfer of Territory Petition Survey form below serves as an example of the actual form
that can be obtained on the OSPI School District Organization webpage
. The purpose of this
recommended form is to guide Washingtonians and school districts who are interested in filing a
petition to seek a transfer of territory from a current district to a neighboring (contiguous) school
district.
Use of this form may be required by Regional Committees on School District Organization. The
form should be helpful in facilitating the districts’ negotiation process and possible deliberation by
the Regional Committee. For more detailed information, contact your educational service district
(ESD). See page 33 for your ESD contact. Petitioners’ signatures must not be more than six
months before submission date.
Transfer of Territory Petition Survey Form (Example)– Recommended
Proposed Transfer of Territory Initiated by:
School District Name and Number:
Citizen Petition Represented by:
Citizen Address:
This form comprises both your testimony and a record of the issues considered. While each item
must be taken into consideration, each item has no specific or equal value. Rather, all items are
looked at together in their entirety, and an evaluative judgment is made based on a
consideration of the whole. The evidence guides districts and possibly regional committees in
reaching a decision.
Yes and No answers must be supported by a brief narrative.
1. Will approval of the proposed transfer balance both local requests and the needs of the
statewide community at large in a manner that advances the best interests of public education in
the affected school districts, communities, educational service districts, and the state?
RCW 28A.315.015 (2)(a)
Yes No
Input narrative here
2. Will approval of the proposed transfer responsibly serve all affected citizens and students by
contributing to logical service boundaries? RCW 28A.315.015 (2)(b)
Yes No
Input narrative here
3. Will approval of the proposed transfer responsibly serve all of the affected citizens and
students by recognizing a changing economic pattern within the educational service districts of
the state? RCW 28A.315.015 (2)(b)
Yes No
Input narrative here
Page | 22
4. Will approval of the proposed transfer enhance the educational opportunities of pupils in the
territory by reducing existing disparities among the affected school districts’ ability to provide
operating and capital funds through an equitable adjustment of the assets and liabilities of the
affected districts? RCW 28A.315.015 (2)(c)
Yes No
Input narrative here
5. Will approval of the proposed transfer promote a wiser use of public funds through
improvement in the school district system of the educational service districts and the state? RCW
28A.315.015 (2)(d)
Yes No
Input narrative here
6. Will approval of the proposed transfer affect student educational opportunities as measured
by the percentage of students performing at each level of the statewide mandated assessments
and data regarding student attendance, graduation, and dropout rates in the territory proposed
for transfer?
RCW 28A.315.205 (4)(a) and
WAC 392-340-00701 (3).
Yes No
Input narrative here
7. Will approval of the proposed transfer affect the safety and welfare of pupils in the area
proposed for transfer? “Safety” means freedom or protection from danger, injury, or damage;
and “welfare” means a positive condition or influence regarding health, character, and well-
being. RCW 28A.315.205 (4)(b)
Yes No
Input narrative here
8. Do current or proposed urban growth areas, city boundaries, or any master planned
communities impact the proposed areas to be transferred? RCW 28A.315.205 (4)(c)
Yes No
Input narrative here
9. Are there any other facts pertaining to the history and relationship of the proposed transfer
area to the students and communities affected that should be considered?
RCW 28A.315.205 (4)(c)
Yes No
Input narrative here
10. Will geographic accessibility warrant a favorable consideration of the recommendation for a
change in school district organization? RCW 28A.315.205 (4)(d) and WAC 392-340-00701 (6).
Please refer to 10(a)–(e) below
Yes No
Input narrative here
10a. Will the proposed transfer result in improved travel corridors due to mountains, hills, valleys,
wasteland, and related geographic and man-made features?
Page | 23
WAC 392-340-00701 (5)(a)
Yes No
Input narrative here
10b. Will the proposed transfer result in improved travel corridors due to rivers, lakes, canals,
and other natural or man-made waterways and bodies of water?
WAC 392-340-00701 (5)(b)
Yes No
Input narrative here
10c. Will the proposed transfer result in improved travel corridors due to the extent and nature
of roads, highways, ferries, and traffic patterns? WAC 392-340-00701 (5)(c)
Yes No
Input narrative here
10d. Will the proposed transfer result in improved travel corridors due to improved climatic
conditions? WAC 392-340-00701 (5)(d)
Yes No
Input narrative here
10e. Will the proposed transfer result in a reduction of the time required to travel to and from
school for the students residing in the proposed area?
WAC 392-340-00701 (5)(e)
Yes No
Input narrative here
11a. Will approval of the proposed transfer reduce or increase the individual transportation costs
of the affected districts? RCW 28A.315.205 (4)(e)
Yes No
Input narrative here
11b. Will approval of the proposed transfer reduce or increase the aggregate transportation
costs of the affected school districts? RCW 28A.315.205 (4)(e)
Yes No
Input narrative here
11c. Will approval of the proposed transfer result in a reduction in disparities in per pupil
valuation when all funding sources are considered? RCW 28A.315.205 (4)(e)
Yes No
Input narrative here
11d. Will approval of the proposed transfer result in an improvement in the economies of
administration and operation of schools? RCW 28A.315.205 (4)(e)
Yes No
Input narrative here
Page | 24
12. What numbers of school-age children reside in each school district and in each part of a
district involved or affected by the proposed transfer? RCW 28A.315.245 (1)
Input narrative here
13. What is the assessed valuation of the property located in each school district an in each part
of a district involved or affected by the proposed transfer?
RCW 28A.315.245 (2)
Input narrative here
14. Is there any bonded indebtedness of any school district involved or affected by the proposed
transfer incurred? If so, what is its purpose? RCW 28A.315.245 (3)
Yes No
Input narrative here
15. Is there any history and relationship of any property, affected by the proposed transfer, to
the students and communities affected by the proposed transfer?
RCW 28A.315.245 (4)
Yes No
Input narrative here
16. Will the proposed transfer create any additional burdens to the districts?
RCW 28A.315.245 (5)
Yes No
Input narrative here
17. Describe the value, location, and disposition of all improvements located in the school
districts that are involved or affected by the proposed change in school district organization.
RCW 28A.315.245 (6)
Input narrative here
18. Are there other sources of funding to consider not already discussed above?
RCW 28A.315.245 (7)
Yes No
Input narrative here
19. Will the proposed transfer result in any other positive outcome that should be considered?
Yes No
Input narrative here
20. Will the proposed transfer result in any negative outcomes that should be considered?
Yes No
Input narrative here
21. Are there any other factors, in the district’s judgment, that are important or essential to the
making of an equitable adjustment of assets and liabilities? RCW 28A.315.245 (8)
Yes No
Input narrative here
Page | 25
School District Negotiations
Recommended Guidelines
The integrity of the district-to-district negotiation process will
be determined largely by the confidence that citizen petitioners
and other interested citizens have that the negotiations provide
a fair and balanced review of the facts presented for and against
the proposed transfer of territory.
The purpose of the recommended guidelines for district-to-
district negotiations is to promote a negotiation process that is
acknowledged as being fair and balanced. The districts should consider input from citizens prior to
the first negotiating session.
There shall be a minimum of one member from each affected school district board of directors
participating in the negotiation. A quorum of directors from any affected district is not required in
order for the negotiators to discuss the petition and make a recommendation to the respective full
boards of directors. A quorum of each board is necessary to act on the recommendations from the
negotiators.
If a quorum of any district’s board of directors is expected to be present at the negotiations, the
meeting shall be subject to the state Open Public Meetings Act (Chapter 42.30 RCW)
and due
notice in advance of the negotiating session shall be provided to the public.
Upon reaching a decision, the negotiating parties shall produce, at a minimum, a written summary
of the decision, including rationale for the decision reached, and submit to the respective affected
school district boards of directors. The school boards shall act on the recommendations by written
resolution adopted at a board meeting.
District-to-District:
The purpose of the
recommended guidelines for
district-to-district
negotiations are to promote
a negotiation process that is
acknowledged as being fair
and balanced.
Page | 26
REGIONAL COMMITTEE HEARINGS AND
DELIBERATIONS
Recommended Guidelines
The integrity of the Regional Committee hearing and
deliberations process will be determined largely by the
confidence that citizen petitioners, other interested citizens, and
the affected districts have that the hearings and deliberations
provide a fair and balanced review of the facts presented for
and against the proposed transfer of territory.
The purpose of the recommended guidelines for Regional
Committee hearings and deliberations is to promote a hearing process that is acknowledged as
being fair and balanced.
The Regional Committee hearing is subject to the state Open Public Meetings Act and due notice
in advance of the hearing shall be provided to the public.
The Regional Committee hearing is a quasi-legislative process (Evergreen School District 114 v.
Clark Cy, 27 Wn. App.826 [1980]).
The Regional Committee retains broad discretion on whether to allow testimony, how much
testimony to allow, and how much time to allow for testimony. If testimony is allowed, each
affected party should be granted the same amount of time to testify.
Evidence should guide the Regional Committee on how to “weight” the criterion in order to reach a
decision. All relevant criteria must be considered. However, the Regional Committee has broad
discretion in their consideration of the required criteria and in determining how much weight to
give to each criterion. The Regional Committee reaches a decision based on its best judgment after
considering all the factors as a whole.
The next four pages are example forms. If you would like to obtain one of these forms, you
can find them on OSPI’s School District Organization webpage
.
Regional Committee:
The purpose of the
recommended guidelines
for Regional Committee
hearings and deliberations
is to promote a hearing
process that is
acknowledged as being fair
and balanced.
Page | 27
EXAMPLE FORM
School District Board of Directors
Transfer of Territory Motion
We, the Board of Directors of School District, have given consideration to the
factors presented in making our decision to approve or deny the proposed transfer of territory
from School District to the School District.
Our consideration included reviewing the documents submitted by the citizen petitioners to the
respective boards of directors and recommendations from our negotiation representative(s).
Motion to Approve
After consideration of the factors pertinent to the transfer of territory petition, the
School District Board of Directors moves that the transfer of territory from
School District to School District be approved on the basis that the evidence, rationale,
and weight of the facts lead to approving the transfer of territory.
Motion to Deny
After consideration of the factors pertinent to the transfer of territory petition, the
* School District Board of Directors moves that the transfer of territory from
* School District to * School District be denied on the basis that the evidence, rationale, and weight
of the facts lead to denying the transfer of territory.
Date
School Board Chair
School Board Member
School Board Member
School Board Member
School Board Member
School Board Member
School Board Member
Page | 28
EXAMPLE FORM
Regional Committee
Transfer of Territory Motion
We, the Regional Committee on School District Organization, have given
consideration to the factors presented in making our decision to approve or deny the proposed
transfer of territory from the School District to the School District.
We considered all the documentation, testimony, and dialogue presented at the hearing, worked
from the required checklist of criterion, and considered the applicability of each criterion in
relationship to the petition.
Motion to Approve
After consideration of the factors pertinent to the transfer of territory petition, the
Regional Committee on School District Organization moves that the transfer of territory from
School District to School District to be approved on the basis that the
evidence, rationale, and weight of the facts lead to approving the transfer of territory.
Motion to Deny
After consideration of the factors pertinent to the transfer of territory petition, the
Regional Committee on School District Organization moves that the transfer of territory from
School District to School District be denied on the basis that the
evidence, rationale, and weight of the facts lead to denying the transfer of territory.
Date
Regional Committee Chair
Regional Committee Member
Regional Committee Member
Regional Committee Member
Regional Committee Member
Regional Committee Member
Regional Committee Member
Page | 29
EXAMPLE FORM
School District
Motion to Transfer Assets and Liabilities
We, the school district, have given consideration to the factors presented in making
our decision to approve an adjustment of assets and liabilities associated with our decision to
approve a transfer of territory from the School District to the School
District.
We considered all the documentation and calculations presented at the hearing, presented by the
assessor’s office, and reviewed the information therein contained.
Motion to Approve
After consideration of the transfer of assets and liabilities, the school district moves
that the transfer of assets and liabilities from the School District to the
School District be approved on the basis that the evidence and calculations received from the
county auditor’s office for County. The timeline for transfer of the assets and liabilities is
as follows (specify assets and liabilities, as well as timelines):
Date
School District Board Chair
School District Board Member
School District Board Member
School District Board Member
School District Board Member
School District Board Member
School District Board Member
Page | 30
EXAMPLE FORM
Regional Committee
Motion to Transfer Assets and Liabilities
We, the Regional Committee on School District Organization, have given
consideration to the factors presented in making our decision to approve an adjustment of assets
and liabilities associated with our decision to approve a transfer of territory from the
School District to the School District.
We considered all the documentation and calculations presented at the hearing, presented by the
assessor’s office, and reviewed the information therein contained.
Motion to Approve
After consideration of the transfer of assets and liabilities, the Regional Committee on
School District Organization moves that the transfer of assets and liabilities from the
School District to the School District be approved on the basis that the evidence
and calculations received from the county auditor’s office for County. The timeline for
transfer of the assets and liabilities is as follows (specify assets and liabilities, as well as timelines):
Date
Regional Committee Chair
Regional Committee Member
Regional Committee Member
Regional Committee Member
Regional Committee Member
Regional Committee Member
Regional Committee Member
Page | 31
ADJUSTMENT OF ASSETS AND LIABILITIES
RCW 28A.315.245
In determining an equitable adjustment of assets and liabilities, the negotiating school districts,
and the regional committee shall consider the following factors:
1) The number of school age children reading in each school district, and in each part of a
district involved of affected by the proposed change in school district organization.
2) The assessed valuation of the property located in each school district and in each part of a
district involved or affected by the proposed change in school district organization.
3) The propose for which the bonded indebtedness of any school district involved of affected
by the proposed change in school district organization.
4) The history and relationship of the property affected to the students and communities
affected by the proposed change in school district organization.
5) Additional burdens to the districts affected by the proposed change in school district
organization as a result of the proposed organization.
6) The value, location, and disposition of all improvements located in the school districts
involved or affected by the proposed change in school district organization.
7) The consideration of all other sources of funding.
8) Any other factors that in the judgement of the school districts or regional committee are
important or essential to the making of an equitable adjustment of assets and liabilities.
Note: Under RCW 84.09.030
, August 1 is the deadline for setting taxing district boundaries for tax
collections the ensuing fiscal year. The adjustment of assets and liabilities can be phased in over
two or more years by using the annual August deadline.
Page | 32
EXAMPLE FORM
School District Board Resolution
School District No.
Resolution No.
WHEREAS, RCW 28A.315.195 allows for citizens and a school district board to petition for a change
in school district boundaries, and
WHEREAS, on 2020, such a petition was received by Educational
Service District proposing to transfer territory, and
WHEREAS, on 2020, School District No. received
verification of the validity of the aforementioned petition, and
WHEREAS, RCW 28A.315.199(a) requires the school district board of directors of the districts
affected by a petition to transfer territory to enter into negotiations concerning the petition, and
WHEREAS, WAC 392.340.207 requires the school district board of directors to adopt at a public
meeting a written resolution indicating whether the board approves or disapproves the negotiated
recommendation on the proposed transfer of territory, and
NOW THEREFORE BE IT RESOLVED THAT School District No. does hereby
approve/deny the proposed transfer of territory for the School District No. to
the School District No. .
BE IT FURTHER RESOLVED THAT Educational Service District be notified of this action
and requested to make notification to appropriate governing bodies.
Secretary to the Board
Page | 33
EDUCATIONAL SERVICE DISTRICTS
ESD
Superintendent
Contact Information
ESD 101
Spokane
Dr. Michael Dunn
509-789-3500
ESD 105
Yakima
Kevin Chase
509-454-3113
ESD 112
Vancouver
Tim Merlino
360-952-3494
tim.merlino@esd112.org
ESD 113
Olympia
Dr. Dana Anderson
360-464-6701
danderson@esd113.org
Olympic ESD 114
Bremerton
Gregory J. Lynch
360-478-6800
glynch@oesd114.org
Puget Sound ESD 121
Renton
John P. Welch
425-917-7601
ESD 123
Pasco
Darcy Weisner
509-544-5786
North Central ESD 171
Wenatchee
Dr. Michelle Price
509-665-2628
Northwest ESD 189
Anacortes
Larry Francois
360-299-4003
lfranscois@nwesd.org
Page | 35
LEGAL NOTICE
Alternate material licenses with different levels of user permission are clearly indicated next to the
specific content in the materials.
This resource may contain links to websites operated by third parties. These links are provided for
your convenience only and do not constitute or imply any endorsement or monitoring by OSPI.
If this work is adapted, note the substantive changes and re-title, removing any Washington Office of
Superintendent of Public Instruction logos. Provide the following attribution:
“This resource was adapted from original materials provided by the Office of Superintendent of Public
Instruction. Original materials may be accessed at OSPI's School District Organization webpage
.
Please make sure that permission has been received to use all elements of this publication (images,
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For additional information, please visit the OSPI Interactive Copyright and Licensing Guide.
OSPI provides equal access to all programs and services without discrimination based on sex, race,
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and complaints of alleged discrimination should be directed to the Equity and Civil Rights Director at
360-725-6162 or P.O. Box 47200 Olympia, WA 98504-7200.
Download this material in PDF at OSPI's School District Organization webpage
. This material is
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Except where otherwise noted, this work by the Office of Superintendent of Public
Instruction is licensed under a Creative Commons Attribution License.
Page | 36
Chris Reykdal | State Superintendent
Office of Superintendent of Public Instruction
Old Capitol Building | P.O. Box 47200
Olympia, WA 98504-7200
All students prepared for post-secondary pathways,
careers, and civic engagement.
