SENATE BILL REPORT

SB 6469

BYSenators Bailey, Williams and Hayner; by request of Governor

Creating student enrollment options programs.

Senate Committee on Education

Senate Hearing Date(s):January 23, 1990

Senate Staff:Larry Davis (786-7422)

AS OF JANUARY 23, 1990

BACKGROUND:

The fundamental premise of a "choice" program is to allow parents and students the freedom to select the school of their choice.  Under choice programs, a student's assigned school cannot prohibit the student from leaving to attend school elsewhere, either within the district (intra-district) or in another district (inter-district).  The receiving school can restrict nonresident enrollment based on space availability and other factors.  Choice programs also include those that allow upper-level high school students to attend community colleges, public colleges and universities, and vocational technical institutes.

Washington State statutes allow school districts wide flexibility in establishing intra-district choice programs, and establish a framework for cooperating school districts to develop inter-district choice programs.  Statutes also allow school districts who take nonresident students to charge tuition.  Under current law school districts may prohibit a resident student from leaving the district to attend school in another district.

SUMMARY:

LEARNING BY CHOICE PROGRAM.  The Learning By Choice program is created.  Beginning in the 1992-93 school year, parents and guardians may select the schools their children attend subject to certain exceptions.  State education funding for the student shall be paid to the school the student actually attends.  School districts may limit nonresident enrollment in their schools.  School districts may not refuse permission for a student who wants to leave a school in the district or leave the school district.

Information Booklet:  The Superintendent of Public Instruction (SPI) prepares a booklet that contains enrollment options information for parents for enrollment of their children in any public school in the state.  School districts distribute the booklet to all parents and guardians.  The booklet contains a transfer application form and information on: procedures and deadlines for enrolling in a nonresident school or school district, the Running Start Program, and a toll-free enrollment options information hotline.

Transfer Procedures and Selection Criteria:  School boards determine annually the number of transfer slots available in each of its schools and make the information available to the public.  Schools and special education programs that accept applications must select students for the available slots on a random basis.

An application may be rejected only because:  1) it was not selected in a random lottery selection process; 2) there were no designated transfer slots for the school or school district; or 3) the student's enrollment would adversely affect the district's adopted desegregation plan.

A school or school district rejecting an application must state the reason for rejection in a notification to the parents or guardians.  A school or school district may request an optional exit interview or questionnaire with the parents or guardians but the interview or questionnaire is not required of the parents or guardians.

SPI Duties:  The Superintendent of Public Instruction establishes for the enrollment options program dates and procedures for application, acceptance or rejection of applications by school districts, and written notification procedures.  The timelines and procedures must assure that districts have adequate time to fulfill duties pertaining to the adoption of the district budget and employee contracts.

Student Transportation:  Parents with children in nonresident schools or school districts are responsible for transporting their children to the nearest bus stop of the school to which the child has transferred.  Parents of students who are eligible for free or reduced price breakfasts or lunches are reimbursed by the state on a per mile basis for transporting their children to the nearest bus stop of the school to which the child has transferred. 

Report to the Legislature:  The Superintendent of Public Instruction conducts a study of the enrollment options and postsecondary options programs, including the number of students participating under both existing transfer statutes and the enrollment options program, the reasons given by parents for requesting transfers, and a representative sample survey of parents, students, teachers, principals, superintendents and school boards regarding the effects of the programs.

The SPI submits the report to the education committees of the Legislature and the Governor by December 15, 1993.

Eligibility for Extracurricular Activities:  Eligibility of transfer students in both the enrollment options and postsecondary options programs for participation in extracurricular activities is regulated by the State Board of Education.

Districts with Desegregation Plans:  Districts with adopted desegregation plans may refuse to release students to a nonresident school or school district if, in the judgment of the school board, the transfer would adversely affect the resident district's desegregation efforts.  If a district denies a request for enrollment in a nonresident school or school district, the district must notify the parents or guardians within 15 days of receipt of the denial.  The district's decision is final.

A student attending a private school or a home school is not required to obtain permission to leave his or her resident district.

Special Education:  Applications from nonresident students to attend special education programs shall be granted only if the nonresident school or district maintains a special education program appropriate to the student's needs and if space is available.

Levy Provisions/Transfer Fees:  Districts may establish annual transfer fees for nonresident students enrolled under the enrollment options program if the levy rate per thousand adjusted assessed valuation for the serving district is higher than the levy rate of the district in which the student resides.  Assessed valuations are adjusted to 100 percent using the county indicated ratio established in statute.  A formula is provided for determining the amount of the transfer fee which may not exceed $300.  The state will pay any annual transfer fees for students who are eligible for free and reduced price lunches or breakfasts.

Continuing Enrollment:  Once a student is enrolled in a nonresident school or school district, the student is treated as a resident, except for transportation and special education purposes.  The student may continue to attend the nonresident school district without further transfer applications.

RUNNING START PROGRAM.  The Running Start Program is created to allow high school juniors and seniors to attend vocational technical institutes, community colleges, and public colleges and universities on a full or part-time basis while concurrently enrolled in high school.

Design Criteria for Implementation Plan:  Design criteria for the implementation plan for the Running Start Program include:  Students may not be charged tuition or other fees; state basic education funds follow the student to cover tuition, books, fees and supplies and the basic education funds are in proportion to the number of course hours taken at the high school and the other institution; establishing an information system to annually inform parents and students of opportunities available through the Running Start Program; student qualifications for enrolling at vocational-technical institutes are established by the State Board of Education, and for enrolling at community colleges and four-year institutions by the Higher Education Coordinating Board; development of an evaluation system to determine how well the program is working and how many students should be recommended for participation each year.

The design criteria also include:  Districts may not refuse students permission to participate in the program; credits earned shall apply both to high school graduation requirements and to graduation requirements of the vocational-technical institutes, the community colleges, or the colleges and universities.

Up to 5,000 students per year are initially served.  Enrollment of these students is not counted against existing higher education institution enrollment limits.  Enrollment under the Running Start Program begins not later than the 1992-93 school year.

Task Force:  The Governor appoints a task force to design the implementation plan.  The task force submits the plan to the State Board of Education, the Higher Education Coordinating Board, the Legislature, and the Governor by December 1, 1990.  The Legislature will consider the task force's recommendations during the 1991 legislative session.

The task force includes representatives of the Higher Education Coordinating Board, institutions of higher education, vocational-technical institutes, the State Board for Community College Education, the Superintendent of Public Instruction, the State Board of Education, and other educators.

The Higher Education Coordinating Board and the State Board of Education are granted rule-making authority.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested