28A.305.900 - Transfer of powers and duties -- State board of education.

Transfer of powers and duties — State board of education.

(1) The state board of education as constituted prior to January 1, 2006, is hereby abolished and its powers, duties, and functions are hereby transferred to the state board of education as specified in chapter 497, Laws of 2005. All references to the director or the state board of education as constituted prior to January 1, 2006, in the Revised Code of Washington shall be construed to mean the director or the state board of education as specified in chapter 497, Laws of 2005.

     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the state board of education as constituted prior to January 1, 2006, shall be delivered to the custody of the state board of education as specified in chapter 497, Laws of 2005. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the state board of education as constituted prior to January 1, 2006, shall be made available to the state board of education as specified in chapter 497, Laws of 2005. All funds, credits, or other assets held by the state board of education as constituted prior to January 1, 2006, shall be assigned to the state board of education as specified in chapter 497, Laws of 2005.

     (b) Any appropriations made to the state board of education as constituted prior to January 1, 2006, shall, on January 1, 2006, be transferred and credited to the state board of education as specified in chapter 497, Laws of 2005.

     (c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

     (3) All employees of the state board of education as constituted prior to January 1, 2006, are transferred to the jurisdiction of the state board of education as specified in chapter 497, Laws of 2005. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the state board of education as specified in chapter 497, Laws of 2005 to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

     (4) All rules and all pending business before the state board of education as constituted prior to January 1, 2006, shall be continued and acted upon by the state board of education as specified in chapter 497, Laws of 2005. All existing contracts and obligations shall remain in full force and shall be performed by the state board of education as specified in chapter 497, Laws of 2005.

     (5) The transfer of the powers, duties, functions, and personnel of the state board of education as constituted prior to January 1, 2006, shall not affect the validity of any act performed before January 1, 2006.

     (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

     (7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel resources board as provided by law.

[2005 c 497 § 301.]

Notes: Intent -- Part headings not law -- Effective date -- 2005 c 497: See notes following RCW 28A.305.011.