AN ACT Relating to basic education; amending RCW 28A.58.095; creating new sections; and making an appropriation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. Any school district having an average derived base salary as shown on LEAP Document 7 of one thousand dollars or more below the average state-wide derived base salary for the 1984-85 school year as shown on LEAP Document 7 may grant an average salary increase in its average derived base salary that may be equal to but not greater than the difference between the average state-wide derived base salary as shown on LEAP Document 7 minus one thousand dollars minus the school district's average derived base salary as shown on LEAP Document 7. The increase may be granted from local funds, from state funds that may be appropriated, or from a combination of such fund sources. The increase shall be in addition to any other moneys the state may provide for purposes of salary enhancement for certificated staff.

For purposes of allocating basic education funds in the 1986-87 school year, the superintendent of public instruction shall modify LEAP Document 7 to reflect the increases given in accordance with this section.

NEW SECTION. Sec. 2. Moneys appropriated by the state for the purposes of section 1 of this act may be allocated to any district having an average derived base salary as shown on LEAP Document 7 of one thousand dollars or more below the average state-wide derived base salary for the 1984-85 school year as shown on LEAP Document 7 in an amount up to but not to exceed fifty percent of the total dollar amount needed to increase the district's average derived base salary to a level equal to but not greater than the difference between the average state-wide derived base salary as shown on LEAP Document 7 minus one thousand dollars minus the school district's average derived base salary as shown on LEAP Document 7.

Sec. 3. Section 2, chapter 16, Laws of 1981 as last amended by section 1, chapter 245, Laws of 1984 and RCW 28A.58.095 are each amended to read as follows:

(1) Every school district board of directors shall fix, alter, allow, and order paid salaries and compensation for all district employees. No school district board of directors may grant salary and compensation increases from any fund source whatsoever in excess of the amount and/or percentage as may be provided for employees as set forth in the state operating appropriations act in effect at the time the compensation is payable. No school district administrative group or administrative bargaining unit, or other nonbargaining unit employees as defined in RCW 41.59.020(4), and 41.56.030 may receive a total annual salary and compensation increase in excess of the amount and/or percentage as set forth in the state operating appropriations act.

(2) Increases in school district employee fringe benefit contributions by school districts shall be included for purposes of determining salary and compensation increases under this section if contributions to fringe benefits provided by a district exceed or, by virtue of the increase, will exceed the amount provided for fringe benefits in the state operating appropriations act in effect at the time the compensation is payable.

(3) For purposes of this section, salary and compensation shall not include the following:

(a) Payment for unused leave for illness or injury under RCW 28A.58.096((,));

(b) Employer contributions for the following employee fringe benefits:

(i) Old Age Survivors Insurance

(ii) Workers' Compensation

(iii) Unemployment Compensation

(iv) Retirement benefits under the Washington State Retirement System;

(c) Salary increases for certificated employees granted by districts under section --, chapter --, Laws of 1986 (section 1 of this 1986 act).

(4) Provisions of any contract in force on March 20, 1981 which conflict with requirements of this section shall continue in effect until contract expiration. After expiration, any new contract executed between the parties shall be consistent with this section.

(5) The superintendent of public instruction shall ensure compliance with this section and shall adopt rules under chapter 34.04 RCW for that purpose. The superintendent shall monitor the salary and compensation increases provided to employees and administrators by school districts.

NEW SECTION. Sec. 4. Salary increases for certificated employees granted by districts pursuant to section 1 of this act shall be granted by August 31, 1986, and districts shall report in writing to the superintendent of public instruction such salary increases not later than August 31, 1986.

NEW SECTION. Sec. 5. The sum of .......... dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1987, from the general fund to the superintendent of public instruction to be distributed to school districts for the purposes of sections 1 and 2 of this act.

NEW SECTION. Sec. 6. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.