Letter Opinion 1970 No. 141

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                                                                November 4, 1970
 
 
 
Honorable Harold S. Zimmerman
State Representative, 17th District
1432 N.E. Sixth Avenue
Camas, Washington 98607
                                                                                                             Cite as:  AGLO 1970 No. 141
 
 
Dear Sir:
 
            This will acknowledge receipt of your letter of October 28, 1970, relating to the proposed consolidation of the cities of Camas and Washougal, Washington.
 
                                                                     ANALYSIS
 
            The question you have asked is whether a consolidation of the cities of Camas and Washougal, Washington, would result in an automatic consolidation of the Camas and Washougal school districts.
 
            The answer to this question is that the consolidation of the two cities would not result in an automatic consolidation of the two school districts involved.  On June 26, 1970, this office issued a memorandum to the Superintendent of Public Instruction indicating that a consolidation of the two cities involved would result in the establishment of a single school district within the consolidated city.  However, at the time that opinion was issued, neither the Camas School District nor the Washougal School District was a school district of the first class.  We have since been advised that the Camas School District has become a school district of the first class.  Therefore, a consolidation of the two cities would not result in the establishment of a single school district within the newly consolidated city, since one of the school districts is a first class district.
 
            The pertinent statute involved is found in RCW 28A.57.150.  This statute provides in part that:
 
            "In case of the incorporation of a city or town containing territory lying in two or more school districts or of the uniting of two or more cities or towns not located in the same school district, the intermediate school district superintendent, except where the incorporation or consolidation would affect a district or districts of the first class, shall:  (1) Order and declare to be established in each such case a single school district comprising all of the school districts involved, and (2) designate each such district by name and by a number different from that of any other district in existence in the county."
 
             [[Orig. Op. Page 2]]
            As can be seen by the foregoing statute, the uniting of two or more cities or towns does not result in automatic consolidation of the school districts involved where a district or districts of the first class are involved, such as the Camas School District, which is currently a school district of the first class.
 
            Therefore, in conclusion, it is our opinion that a consolidation of the two cities (Camas and Washougal) would not automatically result in a consolidation of the two school districts involved, to-wit:  the Camas School District and the Washougal School District.
 
            The two school districts could in the future, if the residents so desired, consolidate and become one school district upon the petition and vote of the residents involved in the areas encompassed by both of these school districts.
 
            We trust the foregoing will be of assistance to you.
 
Very truly yours,
 
FOR THE ATTORNEY GENERAL
 
 
RICHARD M. MONTECUCCO
Assistant Attorney General