SENATE BILL REPORT

ESSB 6604

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, February 10, 2010

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

Brief Description: Providing flexibility in the education system.

Sponsors: Senate Committee on Early Learning & K-12 Education (originally sponsored by Senators Hobbs, King, McAuliffe, Oemig, Tom, Brandland, Holmquist, McDermott and Kline).

Brief History:

Committee Activity: Early Learning & K-12 Education: 1/28/10, 2/03/10, 2/04/10 [DPS].

Passed Senate: 2/10/10, 48-0.

SENATE COMMITTEE ON EARLY LEARNING & K-12 EDUCATION

Majority Report: That Substitute Senate Bill No. 6604 be substituted therefor, and the substitute bill do pass.

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

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.

Summary of Engrossed Substitute Bill: The following laws in Title 28A RCW are repealed, suspended until July 1, 2013, or amended.

The following laws are each repealed:

The following programs or requirements established by law are each suspended until July 1, 2013:

The following laws are amended:

Appropriation: None.

Fiscal Note: Available on original bill.

Committee/Commission/Task Force Created: No.

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

Staff Summary of Public Testimony on Original Bill: PRO: The goal is to lift the burden of unfunded mandates on school districts. The time is now. Schools are having a hard time during this economic downturn. Businesses hate mandates and schools hate them as well. It is not a perfect bill, but we appreciate the effort, concept, and message. In some cases, a delay may be better than repealing. The elimination of student learning plans would make a difference. The intent for the plans is worthwhile, but in reality they have little or no real impact on students and are very difficult to accomplish. The gang taskforce brought forth bills this year, perhaps we need to rethink whether they should be eliminated.

CON: The nutrition sections create a model policy and set goals and should not have a fiscal impact. The policies have been developed so they are not a mandate. The goals to improve are not a mandate. Lack of vision screening could cause more kids to be referred to special education and to receive the wrong services. Vision screening should not be suspended. But if suspension is necessary, school districts must notify parents that the responsibility for vision is being transferred to them. One of the key deliverables for the Financial Education Public-Private Partnership is to make financial materials available, to the extent funds are available. There is no mandate in statute and the work can be funded with private dollars.

OTHER: Future mandates should come with appropriate funding. We applaud some changes in the bill, especially putting the information about meningococcal and human papillomavirus diseases and their vaccinations online. However, we oppose the decrease in training for asthma and anaphylaxis. Asthma is a dangerous chronic condition. School-based programs for asthma prevent missed school days. Not all staff have the knowledge to handle an anaphylactic situation. Training could be done electronically, and it should be available for new staff entering a district and for others once every three years. Do not repeal dues to WSSDA; it is important to have a statewide organization for districts. Do not delay funding for highly capable programs.

Persons Testifying: PRO: Senator Hobbs, prime sponsor; Senator King, sponsor; Lucinda Young, WA Education Assn (WEA); Jerry Bender, Assn of WA School Principals; Karen Eittreim, North Thurston Public Schools; Dan Steele, WSSDA; Barbara Mertens, WA Assn of School Administrators.

CON: Lucinda Young, WEA; Terry Kahl, Hope Heart Institute; Christie Perkins, WA State Special Education Coalition; Brad Tower, Optometric Physicians of WA; Stacy Augustine, WA Credit Union League; Linda Jekel, Department of Financial Institutions.

OTHER: Robert Butts, OSPI; Marilyn Fenn, School Nurse Organization of WA; Janis Traver, WA Coalition for Gifted Education/PTA; Marcia Holland, WA Coalition for Gifted Education; Carrie Nyssen, American Lung Association; Mitch Denning, Alliance of Education Assns; Dan Steele, WSSDA.