CERTIFICATION OF ENROLLMENT

 

                   SUBSTITUTE HOUSE BILL 1865

 

 

 

 

 

 

                        55th Legislature

                      1997 Regular Session

Passed by the House April 21, 1997

  Yeas 60   Nays 32

 

 

 

Speaker of the

      House of Representatives

 

Passed by the Senate April 11, 1997

  Yeas 40   Nays 2

             CERTIFICATE

 

I, Timothy A. Martin, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1865  as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

President of the Senate

                          Chief Clerk

 

 

Approved Place Style On Codes above, and Style Off Codes below.  

                                FILED

          

 

 

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                    SUBSTITUTE HOUSE BILL 1865

          _______________________________________________

 

             Passed Legislature - 1997 Regular Session

 

                     AS AMENDED BY THE SENATE

 

                                

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.

  Allowing school districts to contract with other public and private entities.  


    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) A contract under subsection (1) of this section may not be made with a religious or sectarian organization or school where the contract would violate the state or federal Constitution.

 

    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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