FINAL BILL REPORT

3SHB 1660

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.

C 13 L 20

Synopsis as Enacted

Brief Description: Concerning the participation of students who are low income in extracurricular activities.

Sponsors: House Committee on Education (originally sponsored by Representatives Bergquist, Harris, Hudgins, Young, Tarleton, Ybarra, Slatter, Santos, Jinkins, Doglio, Fey, Leavitt, Ormsby and Valdez).

House Committee on Education

House Committee on Appropriations

Senate Committee on Early Learning & K-12 Education

Senate Committee on Ways & Means

Background:

Extracurricular Activities and Fees. Each school district board of directors (school board) has statutory authority to control, supervise, and regulate the conduct of interscholastic athletic and extracurricular activities for students of the district. Each school district board of directors also has statutory authority to establish and collect attendance fees for optional noncredit cultural, social, recreational, and athletic nature events. However, school districts are required to waive or reduce these fees for students whose families would have difficulty paying the fees. The school board may also establish and collect an optional comprehensive fee for attendance at one or more events

Associated Student Body. An associated student body (ASB) is a formal student organization at a school. An ASB is approved of and regulated by the school board. Some ASBs allow their members to purchase an ASB card, which identifies the student as a member of the school. At some schools, student possession of an ASB card is required for participation in some school-sponsored activities. An ASB card can often be used by a student to receive discounts on event admissions or for the purchase of certain items.

School districts with one or more ASB programs must publish certain information about each ASB fund on the school or school district website each year.

Related Publication Requirements.  The 2019-21 Operating Budget directed the Office of the Superintendent of Public Instruction (OSPI) to do three things with respect to fees and ASB cards.  First, the OSPI must publish, by December 30, 2020, a list of schools and districts that are not:  (a) publishing certain ASB information on school district websites; or (b) waiving or reducing fees for optional noncredit extracurricular events for students whose families would have difficulty paying fees.

Second, the OSPI must collaborate with ASB executive boards statewide regarding district policies to reduce the extracurricular opportunity gap.

And third, the OSPI must require that school districts publish on their websites school-level data related to ASB card fees, athletic program participation fees, the number of high school students who possess an ASB card, and the number of high school students participating in an athletic program, among other data.  Data for the 2018-19 school year must be published by January 15, 2020, data for the 2019-20 school year must be published by April 15, 2020, and data for the 2020-21 school year must be published by April 15, 2021.

Free and Reduced-Price Meals. In order for students to qualify for free school meals, their family's income must be at or below 130 percent of the federal poverty level. Students whose families have an income between 130 percent and 185 percent of the federal poverty level are eligible for reduced-price meals.

The Community Eligibility Provision of the federal Healthy, Hunger-Free Kids Act provides an alternative to household applications for free or reduced price meals (FRPM) by allowing schools with high numbers of low-income students to serve free meals to all enrolled students.

Grants to Reduce Associated Student Body Fees.  The 2019-21 Operating Budget provides $250,000 in fiscal year 2021 to the OSPI to create and administer a grant program for school districts to reduce ASB fees for students who are eligible to participate in the FRPM program. The OSPI must distribute grants for the 2020-21 school year to school districts by August 10, 2020.  Grants of $5,000 per high school per year must be prioritized in the following order:  (1) high schools implementing the Community Eligibility Provision; (2) high schools with the highest percentage of students eligible to participate in the FRPM program; and (3) high schools located in school districts enrolling 5,000 or fewer students.  The OSPI may award additional funding if the appropriations provided are greater than the total amount of funding requested at the end of the application cycle and an applicant shows a demonstrated need for additional support.

College Bound Scholarship Program. The College Bound Scholarship (CBS) program provides guaranteed four-year tuition to students from low-income families. Eligible students for the CBS include those who: (a) qualify for FRPM in grade 7; (b) are dependent on the state for care and are either in grades 7 through 12 or are between the ages of 18 and 21 and have not graduated from high school; or (c) are dependent and were adopted between the ages of 14 and 18 with an adoption agreement that continues eligibility for the CBS program. There are additional requirements for receiving the CBS.

Summary:

Definitions. Several terms are defined:

Data Collection, Reporting, and Publishing. Beginning April 1, 2021, and by April 1 annually thereafter, school districts with high schools must collect and report to the ASB executive board data related to students in possession of ASB cards and student participation in school-based athletic programs. An ASB executive board must be provided with data from its high school only, and not with data from other high schools in the district. Beginning August 31, 2021, and by August 31 annually thereafter, school districts with high schools must collect and publish the data on their ASB website.

The data elements required to be collected, reported, and published are specified. This includes, for example:

Upon request from the Office of the Superintendent of Public Instruction (OSPI), school districts must report a summary of the collected data.

Calculation of Opportunity Gaps in Possession of an Associated Student Body Card and Participation in Athletic Programs. A school district must calculate the opportunity gap in student possession of an ASB card by subtracting the percentage of high school students who are low income and who possess an ASB card, from the percentage of high school students who are not low income and who possess an ASB card.

A school district must calculate the opportunity gap in athletic program participation by subtracting the percentage of high school students who are low income and who participated in an athletic program, from the percentage of high school students who are not low-income and who participated in an athletic program. Although the calculation is not required to use data on student participation in school clubs, high schools may include school club data at their discretion.

School districts may elect to exclude the number of students who are low income and who are participating in the Running Start Program (a program where high school students take classes on college campuses for dual credit) when calculating opportunity gaps.

Opportunity Gap Reduction Goals. High schools must meet specified goals for student possession of ASB cards and student participation in athletic activities, such as:

Extracurricular Activity Opportunity Gap Reduction Plan. Beginning June 1, 2021, and by June 1 annually thereafter, a school district with a high school that does not meet or beat one or more of the opportunity gap reduction goals described above must develop, submit, and implement an extracurricular activity opportunity gap reduction plan.

When developing the plan, the school district must review recommendations from the ASB executive board. The plan must be published on the high school's ASB website. The OSPI may review the plans and provide feedback and technical assistance to help school districts meet these requirements.

Fees and Fee Waivers for Optional Noncredit Extracurricular Events.  A number of changes are made to optional noncredit extracurricular event fee provisions. For example, the act:  (1) permits school boards to establish and collect participation fees, in addition to attendance fees; (2) requires school boards that establish and collect attendance or participation fees to establish a policy, in addition to regulations, for waiving and reducing these fees; (3) specifies that the policy and regulations for students who are eligible to participate in the FRPM program must include a fee waiver, not a fee reduction; (4) provides that the policy and regulations for reducing fees applies to student's family members; and (5) requires that a list of extracurricular event attendance and participation fees and the policy for waiving and reducing these fees be published on the ASB website.

Streamlining Fee Collection. The process for charging and collecting ASB card fees, school-based extracurricular activities fees, optional noncredit school club fees, and other fees from high school students who are low income must be identical to the process for charging and collecting fees from other students, except that the student fee waivers must be automatically applied where applicable.

Votes on Final Passage:

House

62

36

House

67

28

Senate

41

8

Effective:

June 11, 2020