HOUSE BILL REPORT

HB 452

BYRepresentatives Locke, Cole, Wang, Belcher, O'Brien, Pruitt, Leonard, Unsoeld, McMullen and Miller; by request of Governor Gardner and Superintendent of Public Instruction

Changing provisions relating to school-based day care.

House Committe on Education

Majority Report:     Do pass.  (14)

     Signed by Representatives Ebersole, Chair; Spanel, Vice Chair; Appelwick, Cole, Cooper, Holm, P. King, Peery, Pruitt, Rasmussen, Rayburn, Rust, Todd and Valle.

Minority Report:     Do not pass.  (2)

     Signed by Representatives L. Smith and Walker.

House Staff:Susan Patrick (786-7111)

Rereferred House Committee on Ways & Means/Appropriations

Majority Report:     Do pass.  (16)

     Signed by Representatives Locke, Chair; Allen, Belcher, Braddock, Brekke, Bristow, Ebersole, Grimm, Hine, Holland, McMullen, Niemi, Peery, Sayan, H. Sommers and Sprenkle.

Minority Report:     Do not pass.  (5)

     Signed by Representatives Fuhrman, McLean, Nealey, Silver and B. Williams.

House Staff:    Janet Peterson (786-7143)

AS PASSED HOUSE MARCH 18, 1987

BACKGROUND:

Considerable discussion has taken place over the last few years as to the authority of school districts, under the Nursery School Act, RCW 28A.34, to provide daycare services.  On January 6, 1987, the Attorney General issued an opinion stating that school districts have the authority to provide programs that offer care for children, including children not enrolled as students of the school district.  However, without legislative authority school districts could not contract for provision of these services with public or private entities, establish sliding scale, reduced fee or fee waivers for the cost of such services to individuals, or provide transportation for children to the program using school district transportation services.

SUMMARY:

School districts may contract for the provision of child care by public or private entities.  Such contractors may contract to provide all or part of the management and operation of the child care program at the school district site or elsewhere.

School districts may base charges on the cost of services and provide for a reduction or waiver of charges in individual cases based on financial ability or parents' volunteer activities.

School districts may provide transportation for children enrolled in the child care program using district-owned school buses and other motor vehicles, or by contracting for such transportation.

EFFECT OF SENATE AMENDMENT(S):  A school district may not use basic education or state school transportation funds for school-based day care programs.  When transortation is provided for children in school-based day care programs, no child three years of age or younger may be transported unless accompanied by a parent or guardian.

Fiscal Note:    Attached.

House Committee ‑ Testified For:     (Education)  Representative Gary Locke; Bill Daley, Office of the Superintendent of Public Instruction; Joyce Turner, Governor's Office; Marty Albee, teacher, Olympia School District; Bob Maier, Washington Education Association; Lonnie Johns-Brown, National Organization for Women and Washington Association for the Education of Young Children; Pat Thibaudeau, Washington Women United; Karen Tvedt, Department of Social and Health Services.

(Ways & Means/Appropriations)  Bruce Mrkvicka, Office of the Superintendent of Public Instruction.

House Committee - Testified Against: (Education)  None Presented.

(Ways & Means/Appropriations)  None Presented.

House Committee - Testimony For:     (Education)  It is clear that there is statutory authority for schools to provide daycare services.  The opinion of the Attorney General, however, requires us to clarify whether or not districts can contract with public or private agencies for these services, establish variable fee structures or provide transportation for participants.  The purpose of this bill is to clarify these issues.  It is not an attempt to mandate that all districts provide such services.  This is a local decision.

(Ways & Means/Appropriations)  Same as in Committee on Education.

House Committee - Testimony Against: (Education)  None Presented.

(Ways & Means/Appropriations)  None Presented.

VOTE ON FINAL PASSAGE:

     Yeas 61; Nays 36; Absent 1

Voting Nay:     Representatives Amondson, Ballard, Basich, Baugher, Beck, Betrozoff, Brooks, Brough, Bumgarner, Chandler, Day, Doty, Ferguson, Fuhrman, Grant, Hargrove, Haugen, Jesernig, Lewis, McLean, Nealey, Padden, Prince, Rayburn, Sanders, Schmidt, Silver, L. Smith, D. Sommers, Taylor, Walk, Walker, B. Williams, J. Williams, S. Wilson and Zellinsky

Absent:    Representative Grimm