Brief Description: Declaring that unfunded state requirements imposed by the state on school districts are not mandatory.

Sponsors: Representatives McMahan, Talcott, Mielke, Benson, Hinkle, McDonald, Cox, Holmquist, Bush and Schoesler.

Hearing Date: 2/26/03

Staff: Sydney Forrester (786-7120).

Background:

Article nine section two of the Washington State Constitution requires the legislature to provide for a general and uniform system of public schools. Title 28A of the Revised Code of Washington contains over 50 chapters governing the various aspects of K-12 schools, ranging from compulsory attendance and coursework, to student transportation, special education, teacher certification, school district budgets, and academic achievement and accountability.

Legislative funding of K-12 education is done through budgetary appropriations approved by the Legislature. State general fund support of K-12 education constitutes the largest percentage of categorical state spending. Current K-12 funding is about 45 percent of the total state general fund.

Summary of Bill:

A school district is permitted to decline to comply with a state-imposed requirement if the funding necessary to comply, or the funding authorized to be spent in compliance, is not sufficient to pay for all the costs of meeting the requirement. If state funding for a requirement is insufficient, the requirement become optional and loses its mandatory nature, and no penalty may be imposed on a district that elects not to comply.

Appropriation: None.

Fiscal Note: Requested on 2/10/03.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.