HOUSE BILL REPORT

                      SB 5449

                           As Passed Legislature

Title:  An act relating to discharges of educational employees.

Brief Description:  Requiring notice of the appeals process to discharged educational employees.

Sponsor(s):  Senators Sellar, Vognild and Bailey.

Brief History:

   Reported by House Committee on:

Education, March 25, 1991, DPA;

Passed House, April 19, 1991, 95-0;

Passed Legislature, 95-0.

HOUSE COMMITTEE ON

EDUCATION

Majority Report: Do pass as amended.  Signed by 18 members:  Representatives Peery, Chair; G. Fisher, Vice Chair; Brough, Ranking Minority Member; Vance, Assistant Ranking Minority Member; Betrozoff; Broback; Brumsickle; Cole; Dorn; P. Johnson; Jones; Neher; Orr; Phillips; Rasmussen; Roland; H. Sommers; and Valle.

Staff:  Susan Kirkpatrick (786-7291).

Background:  School boards are responsible for hiring and discharging both classified and certificated employees.  Under statute, certificated employees have 10 days to request an administrative hearing after notice of discharge and 30 days to appeal any decision made at the administrative hearing to superior court.  Under a separate statute, any person has 30 days to appeal a decision of the school board to superior court.

Under current law, school districts are not required to provide their employees notice of the right to appeal.

Summary of Bill:  Any notice of discharge given to a classified or certificated employee that has the right to appeal the discharge, must contain notice of the right of appeal, notice that a description of the appeal process is available, and how the description of the appeal process may be obtained.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  This bill is fair and equitable for all school employees.

Testimony Against:  None.

Witnesses:  Lynn McKinnon, Public School Employees (in favor); and Dwayne Slate, Washington State School Director's Association (in favor if a description of the appeal process is not required to be included in the notice of discharge).  Note:  The bill as amended addressed the concern raised in the testimony.