SENATE BILL REPORT

SB 5880

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 of February 6, 2009

Title: An act relating to flexibility in the education system.

Brief Description: Providing flexibility in the education system.

Sponsors: Senators McAuliffe, Oemig, Hobbs and McDermott.

Brief History:

Committee Activity: Early Learning & K-12 Education: 2/05/09.

SENATE COMMITTEE ON EARLY LEARNING & K-12 EDUCATION

Staff: Kimberly Cushing (786-7421)

Background: Title 28A of the Revised Code of Washington encompasses the laws related to the common schools and establishes the organizational structure of the common school system. ("Common schools" are public schools operating a program for kindergarten through twelfth grade or any part thereof.) Separate chapters define the roles and responsibilities of the Superintendent of Public Instruction (SPI), the State Board of Education (SBE), educational service districts (ESDs), and school districts. Other chapters of Title 28A define requirements for health screening and requirements, traffic safety, compulsory school attendance and admission, compulsory course work and activities, awards, and academic achievement and accountability.

Over the years, school districts have asked the Legislature ease the burden that state mandates have placed on public schools. Deregulation may provide school districts with the flexibility to reallocate resources, personnel, materials, and training time.

Summary of Bill: The following laws in Title 28A RCW relating to training, task forces, health mandates, and educator awards are repealed, suspended for two years, or partially amended.

The following programs or requirements established by law are each repealed:

The following programs or requirements established by law are suspended until July 1, 2011:

The following laws are amended:

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: The Legislature promised to remove unfunded mandates in House Bill 1209 in 1993. This bill was created from lists received from school districts, ESDs, and other local groups. Flexibility and innovation is unique to local districts, and in these difficult budget times the state cannot say these mandates are good for everyone. While the bill as written has not been completely vetted and is not ready to be passed into law, the direction the bill is headed, as well as the ensuing discussions, are welcome. It is critical to preserve statutes dealing with student achievement, civil rights, health, safety, and federal funding. Agency regulations should be added. The maintenance and food nutrition people are ready to work with the Legislature.

CON: WSSDA has concerns about amending its membership statutes. The nurses, early learning community, and sexual assault coalition want to offer their expertise on related programs. School health services must be delivered in public schools. Thus, the suspension of health plans for students with diabetes and repealing the requirement that employees who perform health services must have a job description are a concern. People who have worked hard on bills don't have lobbyists to testify on these issues. We pass laws to make the few who will not do the right thing, even if told. Suspensions will cause confusion. If we are concerned about costs, put a moratorium on the WASL.

OTHER: This is not a specific unfunded mandate issue, but rather an underfunding issue overall. The challenges are the unintended consequences – such as which child will miss out on a part of their education when a program is suspended. Use the principal as a filter, if a principal does not know about the mandate, it probably is not needed.

Persons Testifying: PRO: Senator McAuliffe, prime sponsor; John Altman, OSPI; Barbara Mertens, Washington Association of School Administrators; Dan Steele, WSSDA; Mitch Denning, Alliance of Education Association.

CON: Lonnie Johns-Brown, School Nurse Organization for Washington; Doug Nelson, PSE/SEIU 1948; Christie Perkins, Washington State Special Education Coalition.

OTHER: Lucinda Young, Washington Education Association; Jerry Bender, Association of Washington School Principals.