SENATE BILL REPORT

SB 5487

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Passed Senate, March 9, 2009

Title: An act relating to notification of nonrenewal of contracts for certificated employees.

Brief Description: Changing the notification date for nonrenewal of a certificated employee's contract.

Sponsors: Senator Brandland.

Brief History:

Committee Activity: Early Learning & K-12 Education: 2/23/09, 2/25/09 [DP].

Passed Senate: 3/09/09, 48-0.

SENATE COMMITTEE ON EARLY LEARNING & K-12 EDUCATION

Majority Report: Do pass.

Signed by Senators McAuliffe, Chair; Kauffman, Vice Chair, Early Learning; Oemig, Vice Chair, K-12; King, Ranking Minority Member; Brandland, Hobbs, Holmquist, Jarrett, McDermott, Roach and Tom.

Staff: Juliana Roe (786-7438)

Background: Under current law, employees, provisional employees, and certificated employees for whom it has been determined that there is probable cause or causes that the employment contract should not be renewed by the district for the next ensuing term must be notified in writing on or before May 15 preceding the commencement of such term of that determination; or if the Omnibus Appropriations Act has not passed the Legislature by May 15, then notification must be no later than June 1. The notification must specify the cause or causes for nonrenewal of contract and notice must be served upon the employee personally, or by certified or registered mail, or by leaving a copy of the notice at the place of usual abode with some person of suitable age and discretion who resides therein. Administrators for whom it has been determined that it is in the best interests of the school district to transfer to a subordinate certificated position must be notified in writing by the superintendent on or before May 15 preceding the commencement of such term of that determination; or if the Omnibus Appropriations Act has not passed the Legislature by May 15, then notification must be no later than June 1. The notification must specify the reason or reasons for the transfer, identify the subordinate certificated position to which the administrator will be transferred, and notice must be served upon the administrator personally, or by certified or registered mail, or by leaving a copy of the notice at the place of usual abode with some person of suitable age and discretion who resides therein.

Summary of Bill: Notice of nonrenewal or transfer must be provided to employees or administrators by June 15 if the Omnibus Appropriations Act has not passed the Legislature by May 15.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: The bill contains an emergency clause and takes effect immediately.

Staff Summary of Public Testimony: PRO: There is a great amount of work that goes into giving layoff notices to teachers. There are times when the school districts sit down with a group of employees and give them layoff notices only to find out that they were unnecessary because the Legislature acted late. These notices are traumatic for all parties involved. By making the simple change to May15, the effect on the teachers and the school district will be minimized.

Persons Testifying: PRO: Senator Brandland, prime sponsor; Dan Steele, Washington State School Directors' Association; Mitch Denning, Alliance of Education Association.