HOUSE BILL REPORT

                  HB 2656

             As Reported By House Committee On:

                          Education

Title:  An act relating to interscholastic activities.

Brief Description:  Clarifying the review process for appeals from decisions of the Washington Interscholastic Activities Association.

Sponsors:  Representatives Quall and Cooper.

Brief History:

  Committee Activity:

Education:  1/29/98, 2/5/98 [DPS].

HOUSE COMMITTEE ON EDUCATION

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by 11 members:  Representatives Johnson, Chairman; Hickel, Vice Chairman; Cole, Ranking Minority Member; Keiser, Assistant Ranking Minority Member; Linville; Quall; Smith; Sterk; Sump; Talcott and Veloria.

Staff:  Jim Morishima (786-7191).

Background:  A school district board of directors must control, supervise, and regulate the conduct of interschool athletic activities and other extracurricular activities in its district.  The board can delegate this responsibility to voluntary nonprofit entities and compensate those entities for services rendered.

Rules and policies made by the nonprofit entity are subject to the approval of the State Board of Education.  Before determining that a student may not participate or continue to participate in a school activity, the nonprofit entity must provide notice to the student of the reasons for the rejection as well as the opportunity to challenge such reasons.  The final decision of the nonprofit entity in these cases will be considered the decision of the school district and therefore subject to the appeal procedures in the common school provisions.  Currently, the common school provisions provide that appeals will be heard de novo.

Summary of Substitute Bill:  Appeals of the nonprofit entity's decision will be confined to the record.  An appeal will also be conducted without a jury and limited to whether the nonprofit entity acted arbitrarily, capriciously, or contrary to law.

Substitute Bill Compared to Original Bill: No substantive difference.

Appropriation:  None.

Fiscal Note:  Not requested.

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

Testimony For: This bill resolves the confusion in the superior courts over which standard of review to apply in appeals from the Washington Interscholastic Activities Association.

Testimony Against: None.

Testified:   Representative Quall, prime sponsor; and John Olson, Washington Interscholastic Athletic Association (pro).