SENATE BILL REPORT

HB 2276

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.

Background: Under current law, certain school districts must provide a program of education to juveniles committed by the courts and confined in residential facilities operated by the Department of Social and Health Services (DSHS). The residential facilities are Echo Glen Children's Center, Green Hill School, Naselle Youth Camp, and Camp Outlook. A school district may contract with an educational service district (ESD) to provide the educational program. The governing statutes are located in Chapter 28A.190 RCW, which addresses residential education programs.

Additionally, under current law certain school districts must provide a program of education to juveniles at county detention facilities operated by certain counties. There are 22 such county detention facilities. The governing statute is located in RCW 13.04.145, in the chapter known as the Basic Juvenile Court Act. The education program must be provided in the same manner as provided at the juvenile residential facilities operated by DSHS. A school district may contract with an ESD to provide the educational program.

The governing statutes in the education chapter do not cross reference the statute in the Basic Juvenile Court Act.

Summary of Bill (Proposed Amendment): The term school district, as used in the statutes addressing educational programs at residential facilities operated by DSHS, includes any ESD that has entered an agreement to provide a program of education for residential school residents on behalf of the school district as a cooperative service program. The statute addressing provision of an educational program at county detention facilities applies throughout the residential education chapter. Technical changes are made to internal references.

Staff Summary of Public Testimony: PRO: This clarification is needed to assure that the youth at our juvenile detention centers can receive their education from an ESD. Last winter the Northwest ESD (NWESD) was asked by the Everett and other Snohomish County school districts to assume operation of the Denney Detention Center program, beginning with the 2013-14 school year. ESDs have been providing educational programs for juveniles housed in juvenile detention centers for more than 20 years at the request of school districts where the detention centers are sited. The NWESD provides educational programs for the detention centers located in Skagit, Island, and Whatcom counties. Other ESDs provide the programs in 11 additional counties. However, Snohomish County judges held that the local school districts could not enter an agreement with the NWESD to provide the educational program at the Denny Detention Center. In order to move forward for the 2014-15 year, three-way agreements have been executed between Snohomish County and the Everett school district, the Everett school district and the NWESD, and the NWESD and Snohomish County. This method results in several communication and operational challenges. Passage of this bill would permit the NWESD to provide the juvenile detention program requested by the Everett school district in a more economical manner than is currently in place and without creating an unfunded expectation for ESDs. Further, any underfunded costs would be shared across the Snohomish County school districts, based upon residency, rather than solely borne by the Everett school district. In addition, this bill would enhance accountability as the county would contract directly with the NWESD, the entity providing the educational services. We would request that the phrase, "or detention facility residents" be added to section one, subsection 1.