H-2572.1 _______________________________________________
SUBSTITUTE HOUSE BILL 1865
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By House Committee on Education (originally sponsored by Representatives B. Thomas, Johnson, Talcott, Thompson, Radcliff, Mulliken, Hickel, Backlund, Zellinsky and McDonald)
Read first time 03/05/97.
AN ACT Relating to school district contracting; amending RCW 28A.400.285; and adding a new section to chapter 28A.320 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 28A.320 RCW to read as follows:
(1) The board of directors of a school district may contract with other school districts, educational service districts, public or private organizations, agencies, schools, or individuals to implement the board's powers and duties. The board of directors of a school district may contract for goods and services, including but not limited to contracts for goods and services as specifically authorized in statute or rule, as well as other educational, instructional, and specialized services. When a school district board of directors contracts for educational, instructional, or specialized services, the purpose of the contract must be to improve student learning or achievement.
(2) Contracts may not be made with religious or sectarian organizations or schools.
Sec. 2. RCW 28A.400.285 and 1993 c 349 s 1 are each amended to read as follows:
(1) When a school district or educational service district enters into a contract for services that had been previously performed by classified school employees, the contract shall contain a specific clause requiring the contractor to provide for persons performing such services under the contract, health benefits that are similar to those provided for school employees who would otherwise perform the work, but in no case are such health benefits required to be greater than the benefits provided for basic health care services under chapter 70.47 RCW.
(2) Decisions to enter into contracts for services by a school district or educational service district may only be made: (a) After the affected district has conducted a feasibility study determining the potential costs and benefits, including the impact on district employees who would otherwise perform the work, that would result from contracting for the services; (b) after the decision to contract for the services has been reviewed and approved by the superintendent of public instruction; and (c) subject to any applicable requirements for collective bargaining. The factors to be considered in the feasibility study shall be developed in consultation with representatives of the affected employees and may include both long-term and short-term effects of the proposal to contract for services.
(3)
This section applies only if ((the)) a contract ((would be))
is for services ((that are being)) performed by classified school
employees ((as of)) on or after July 25, 1993.
(4) This section does not apply to:
(a) Temporary, nonongoing, or nonrecurring service contracts; or
(b) Contracts for services previously performed by employees in director/supervisor, professional, and technical positions.
(5) For the purposes of subsection (4) of this section:
(a) "Director/supervisor position" means a position in which an employee directs staff members and manages a function, a program, or a support service.
(b) "Professional position" means a position for which an employee is required to have a high degree of knowledge and skills acquired through a baccalaureate degree or its equivalent.
(c) "Technical position" means a position for which an employee is required to have a combination of knowledge and skills that can be obtained through approximately two years of posthigh school education, such as from a community or technical college, or by on-the-job training.
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