CERTIFICATION OF ENROLLMENT

 

                        SENATE BILL 5395

 

 

                   Chapter 141, Laws of 1997

 

 

                        55th Legislature

                      1997 Regular Session

 

 

DETERMINATION OF SALARIES OF CERTIFICATED INSTRUCTIONAL STAFF IN BASIC EDUCATION AND SPECIAL EDUCATION PROGRAMS

 

 

 

                    EFFECTIVE DATE:  7/27/97

Passed by the Senate March 11, 1997

  YEAS 30   NAYS 18

 

 

 

              BOB MORTON

 

President of the Senate

 

Passed by the House April 10, 1997

  YEAS 61   NAYS 37

             CERTIFICATE

 

I, Mike O=Connell, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SENATE BILL 5395 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

             CLYDE BALLARD

 

Speaker of the

      House of Representatives

           MIKE O'CONNELL

 

                            Secretary

 

 

Approved April 22, 1997 Place Style On Codes above, and Style Off Codes below.   

                                FILED          

 

 

           April 22, 1997 - 4:40 p.m.

 

 

 

              GARY LOCKE

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                         SENATE BILL 5395

          _______________________________________________

 

             Passed Legislature - 1997 Regular Session

 

State of Washington      55th Legislature     1997 Regular Session

 

By Senators West, Hochstatter and Spanel; by request of Office of Financial Management

 

Read first time 01/24/97.  Referred to Committee on Ways & Means.

 

 

Changing the formula for determining average salaries for certificated instructional staff.  


    AN ACT Relating to the formula for determining certificated instructional staff salaries in basic education and special education programs; and amending RCW 28A.150.410 and 28A.400.200.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    Sec. 1.  RCW 28A.150.410 and 1990 c 33 s 118 are each amended to read as follows:

    (1) The legislature shall establish for each school year in the appropriations act a state-wide salary allocation schedule, for allocation purposes only, to be used to distribute funds for basic education certificated instructional staff salaries under RCW 28A.150.260.

    (2) The superintendent of public instruction shall calculate salary allocations for state funded basic education certificated instructional staff by determining the district average salary for basic education and special education instructional staff using the salary allocation schedule established pursuant to this section.  ((However, no district shall receive an allocation based upon an average basic education certificated instructional staff salary which is less than the average of the district's 1986‑87 actual basic education certificated instructional staff salaries, as reported to the superintendent of public instruction prior to June 1, 1987, and the legislature may grant minimum salary increases on that base:  PROVIDED, That the superintendent of public instruction may adjust this allocation based upon the education and experience of the district's certificated instructional staff.))

    (3) Beginning January 1, 1992, no more than ninety college quarter-hour credits received by any employee after the baccalaureate degree may be used to determine compensation allocations under the state salary allocation schedule and LEAP documents referenced in the biennial appropriations act, or any replacement schedules and documents, unless:

    (a) The employee has a masters degree; or

    (b) The credits were used in generating state salary allocations before January 1, 1992.

 

    Sec. 2.  RCW 28A.400.200 and 1993 c 492 s 225 are each amended to read as follows:

    (1) Every school district board of directors shall fix, alter, allow, and order paid salaries and compensation for all district employees in conformance with this section.

    (2)(a) Salaries for certificated instructional staff shall not be less than the salary provided in the appropriations act in the state-wide salary allocation schedule for an employee with a baccalaureate degree and zero years of service; and

    (b) Salaries for certificated instructional staff with a masters degree shall not be less than the salary provided in the appropriations act in the state-wide salary allocation schedule for an employee with a masters degree and zero years of service;

    (3)(a) The actual average salary paid to basic education and special education certificated instructional staff shall not exceed the district's average basic education and special education program certificated instructional staff salary used for the state basic education allocations for that school year as determined pursuant to RCW 28A.150.410.

    (b) Fringe benefit contributions for basic education and special education certificated instructional staff shall be included as salary under (a) of this subsection only to the extent that the district's actual average benefit contribution exceeds the amount of the insurance benefits allocation provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable.  For purposes of this section, fringe benefits shall not include payment for unused leave for illness or injury under RCW 28A.400.210; employer contributions for old age survivors insurance, workers' compensation, unemployment compensation, and retirement benefits under the Washington state retirement system; or employer contributions for health benefits in excess of the insurance benefits allocation provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable.  A school district may not use state funds to provide employer contributions for such excess health benefits.

    (c) Salary and benefits for certificated instructional staff in programs other than basic education and special education shall be consistent with the salary and benefits paid to certificated instructional staff in the basic education and special education programs.

    (4) Salaries and benefits for certificated instructional staff may exceed the limitations in subsection (3) of this section only by separate contract for additional time, additional responsibilities, or incentives.  Supplemental contracts shall not cause the state to incur any present or future funding obligation.  Supplemental contracts shall be subject to the collective bargaining provisions of chapter 41.59 RCW and the provisions of RCW 28A.405.240, shall not exceed one year, and if not renewed shall not constitute adverse change in accordance with RCW 28A.405.300 through 28A.405.380.  No district may enter into a supplemental contract under this subsection for the provision of services which are a part of the basic education program required by Article IX, section 3 of the state Constitution.

    (5) Employee benefit plans offered by any district shall comply with RCW 28A.400.350 and 28A.400.275 and 28A.400.280.


    Passed the Senate March 11, 1997.

    Passed the House April 10, 1997.

Approved by the Governor April 22, 1997.

    Filed in Office of Secretary of State April 22, 1997.