VETO MESSAGE ON HB 1085-S

                   May 19, 1997

To the Honorable Speaker and Members,

  The House of Representatives of the State of Washington

Ladies and Gentlemen:

     I am returning herewith, without my approval, Engrossed Substitute House Bill No. 1085 entitled:

"AN ACT Relating to notification of student testing or survey;"

     The intent of Engrossed Substitute House Bill 1085 was to clarify the rights of parents and students with regard to tests or surveys that seek information of a personal nature.  I agree whole-heartedly with that intent.  However, the bill is both over broad and ambiguous.

     ESHB 1085 would require that each member of the school board be notified in writing of plans to administer a broad category of tests or surveys, in addition to giving the board the opportunity to hear a presentation about the proposed test or survey.  It would also require parental consent prior to any test or survey that reveals "potentially embarrassing" information about mental or psychological problems, or asks about "demeaning behavior".  These provisions are over broad and ambiguous.  Further, ESHB 1085 is unnecessary; existing administrative rules adequately address the issue.

     For these reasons, I have vetoed Engrossed Substitute House Bill No. 1085 in its entirety.

                   Respectfully submitted,

                   Gary Locke

                   Governor