BILL REQ. #:  S-0954.1 

Read first time 01/27/2003.   Referred to Committee on Ways & Means.

     AN ACT Relating to school district employees' cost-of-living increases; amending RCW 28A.400.205; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that providing a cost-of-living increase to school district employees funded by the state is part of the state's duty to fund basic education under Article IX of the Washington state Constitution. The legislature also recognizes that the cost-of-living increase is part of meeting the state's duty to provide compensation sufficient to attract and retain qualified educational staff. The legislature intends to provide funds to pay for cost-of-living increases for nonstate-funded school employees. The legislature finds that this fulfills the intent of the voters in passing Initiative No. 732 and meets the requirements established by the Washington State Supreme Court in McGowan v. State of Washington, Docket # 71947-1 (2002).

Sec. 2   RCW 28A.400.205 and 2001 c 4 s 2 (Initiative Measure No. 732) are each amended to read as follows:
     (1) School district employees shall be provided an annual salary cost-of-living increase in accordance with this section.
     (a) The cost-of-living increase shall be calculated by applying the rate of the yearly increase in the cost-of-living index to any state-funded salary base used in state funding formulas for teachers and other school district employees. Beginning with the 2001-02 school year, and for each subsequent school year, each school district shall be provided a state-funded cost-of-living allocation sufficient to grant this cost-of-living increase for the salaries, including mandatory salary-related benefits, of all employees of the district.
     (b) A school district shall distribute its cost-of-living allocation for salaries and salary-related benefits in accordance with the district's salary schedules, collective bargaining agreements, and compensation policies. No later than the end of the school year, each school district shall certify to the superintendent of public instruction that it has spent funds provided for cost-of-living increases on salaries and salary-related benefits.
     (c) Any funded cost-of-living increase shall be included in the salary base used to determine cost-of-living increases for all school employees in subsequent years. For teachers and other certificated instructional staff, the rate of the annual cost-of-living increase funded for certificated instructional staff shall be applied to the base salary used with the statewide salary allocation schedule established under RCW 28A.150.410 and to any other salary models used to recognize school district personnel costs.
     (d) Beginning with the 2001-02 school year, the state shall fully fund the cost-of-living increase in this section as part of its obligation to meet the basic education requirements under Article IX of the Washington Constitution for state-funded employees. Beginning with the 2001-02 school year, the state shall fully fund the cost-of-living increase in this section for school employees who are funded with nonbasic education funds.
     (2) For the purposes of this section, "cost-of-living index" means, for any school year, the previous calendar year's annual average consumer price index, using the official current base, compiled by the bureau of labor statistics, United States department of labor for the state of Washington. If the bureau of labor statistics develops more than one consumer price index for areas within the state, the index covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all items shall be used for the cost-of-living index in this section.