Letter Opinion 1970 No. 126

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                                                                 October 1, 1970
 
 
 
Honorable Paul Klasen
Prosecuting Attorney
Grant County
Ephrata, Washington 98823
                                                                                                             Cite as:  AGLO 1970 No. 126
 
 
Dear Mr. Klasen:
 
            By letter dated September 25, 1970, you have requested the advice of this office concerning the realignment of boundaries of intermediate school districts.
 
            You have indicated in your letter that by vote of the people Grand Coulee and Coulee Dam school districts have been consolidated.  Prior to this consolidation Coulee Dam school district was within the confines of Intermediate School District No. 107 and Grand Coulee school district was within the confines of Intermediate School District No. 106.
 
            Since every school district must be included entirely within a single intermediate school district, you have indicated that it is your opinion that the applicable statute is RCW 28A.21.020; and, therefore, the realignment of the intermediate school district boundaries is subject to the regulation and control of the State Board of Education.
 
            We agree with this conclusion.
 
                                                                     ANALYSIS
 
            The applicable statute is RCW 28A.21.040 and reads as follows:
 
            "Every school district must be included entirely within a single intermediate school district and within a single board-member district thereof.  If the boundaries of any school district within an intermediate school district are changed in any manner so as to extend the school district beyond the boundaries of that intermediate school district, the state board shall change the boundaries of the intermediate school district so affected so that all of the school district as constituted by such change of boundaries shall be included within one intermediate school district."
 
            This statute covers the exact situation we have by virtue of the consolidation of Grand Coulee and Coulee Dam school districts.  Because of  [[Orig. Op. Page 2]] this consolidation the boundaries of the pre‑existing [[preexisting]]school districts have been changed so that the boundaries now extend beyond the boundaries of the existing intermediate school districts.  The statute clearly indicates that every school district must be included entirely within a single intermediate school district, and, where there is a change in the boundaries of a school district, that "the state board shall change the boundaries of the intermediate school district so affected so that all of the school district as constituted by such change of boundaries shall be included within one intermediate school district."
 
            Therefore, the procedure to be followed would be that the State Board of Education would determine the realignment of the boundaries of the intermediate school districts involved.  The State Board of Education would thus determine under this statute where to place the new consolidated school district and whether it should be included within Intermediate School District No. 106, Intermediate School District No. 107, or some other adjoining intermediate school district.
 
            We note also that under the general statutes dealing with the organization of school districts RCW 28A.57.090 sets forth certain duties which the intermediate school district superintendent must perform whenever there is an election held to form a new school district.  However, these duties would be performed after the State Board of Education has determined which intermediate school district shall contain the newly consolidated school district.  At that time the superintendent of that intermediate school district should proceed as indicated in RCW 28A.57.090.
 
            Therefore, in conclusion, when there is a change in local school district boundaries so that the change extends a school district beyond the boundaries of an intermediate school district, action must first be taken by the State Board of Education in accordance with RCW 28A.21.040 to realign the boundaries of the intermediate school district in order that the newly constituted school district will lie entirely within the boundaries of one intermediate school district.  After this action has been taken by the State Board of Education, the intermediate school district superintendent of the district wherein the new school district has been placed shall take those actions set forth in RCW 28A.57.090.
 
            We trust the foregoing will be of assistance to you in this matter.
 
Very truly yours,
 
FOR THE ATTORNEY GENERAL
 
 
RICHARD M. MONTECUCCO
Assistant Attorney General