CERTIFICATION OF ENROLLMENT

ENGROSSED SUBSTITUTE SENATE BILL 5142

Chapter 36, Laws of 2003

(partial veto)

58th Legislature
2003 Regular Session



SCHOOL DISTRICT ENROLLMENT--SCHOOL EMPLOYEES



EFFECTIVE DATE: 7/27/03

Passed by the Senate March 11, 2003
  YEAS 41   NAYS 8

BRAD OWEN
________________________________________    
President of the Senate
Passed by the House April 9, 2003
  YEAS 94   NAYS 2

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


 
CERTIFICATE

I, Milton H. Doumit, Jr., Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 5142 as passed by the Senate and the House of Representatives on the dates hereon set forth.

MILTON H. DOUMIT JR.
________________________________________    
Secretary
Approved April 17, 2003, with the exception of section 3, which is vetoed.







GARY F. LOCKE
________________________________________    
Governor of the State of Washington
 
FILED
April 17, 2003 - 2:25 p.m.







Secretary of State
State of Washington


_____________________________________________ 

ENGROSSED SUBSTITUTE SENATE BILL 5142
_____________________________________________

Passed Legislature - 2003 Regular Session
State of Washington58th Legislature2003 Regular Session

By Senate Committee on Education (originally sponsored by Senators Carlson, Eide, Schmidt, Johnson, B. Sheldon, Shin, Kohl-Welles, Rasmussen and Esser)

READ FIRST TIME 02/20/03.   



     AN ACT Relating to permitting children of certificated and classified school employees to enroll at the school where the employee is assigned; amending RCW 28A.225.225 and 28A.225.270; and adding a new section to chapter 28A.320 RCW.

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

Sec. 1   RCW 28A.225.225 and 1999 c 198 s 2 are each amended to read as follows:
     (1) Except for students who reside out-of-state, a district shall accept applications from nonresident students who are the children of full-time certificated and classified school employees, and those children shall be permitted to enroll:
     (a) At the school to which the employee is assigned; or
     (b) At a school forming the district's K through 12 continuum which includes the school to which the employee is assigned.
     (2) A district may reject applications under this section if:
     (a) The student's disciplinary records indicate a history of convictions for offenses or crimes, violent or disruptive behavior, or gang membership;
     (b) The student has been expelled or suspended from a public school for more than ten consecutive days. Any policy allowing for readmission of expelled or suspended students under this subsection (2)(b) must apply uniformly to both resident and nonresident applicants; or
     (c) Enrollment of a child under this section would displace a child who is a resident of the district, except that if a child is admitted under subsection (1) of this section, that child shall be permitted to remain enrolled at that school, or in that district's kindergarten through twelfth grade continuum, until he or she has completed his or her schooling.
     (3) Except as provided in subsection (1) of this section, a
ll districts accepting applications from nonresident students or from students receiving home-based instruction for admission to the district's schools shall consider equally all applications received. Each school district shall adopt a policy establishing rational, fair, and equitable standards for acceptance and rejection of applications by June 30, 1990. The policy may include rejection of a nonresident student if:
     (a) Acceptance of a nonresident student would result in the district experiencing a financial hardship;
     (b) The student's disciplinary records indicate a history of convictions for offenses or crimes, violent or disruptive behavior, or gang membership; or
     (c) The student has been expelled or suspended from a public school for more than ten consecutive days. Any policy allowing for readmission of expelled or suspended students under this subsection (((1))) (3)(c) must apply uniformly to both resident and nonresident applicants.
     For purposes of subsections (((1))) (2)(a) and (3)(b) of this section, "gang" means a group which: (i) Consists of three or more persons; (ii) has identifiable leadership; and (iii) on an ongoing basis, regularly conspires and acts in concert mainly for criminal purposes.
     (((2))) (4) The district shall provide to applicants written notification of the approval or denial of the application in a timely manner. If the application is rejected, the notification shall include the reason or reasons for denial and the right to appeal under RCW 28A.225.230(3).

Sec. 2   RCW 28A.225.270 and 1990 1st ex.s. c 9 s 205 are each amended to read as follows:
     (1) Each school district in the state shall adopt and implement a policy allowing intradistrict enrollment options no later than June 30, 1990. Each district shall establish its own policy establishing standards on how the intradistrict enrollment options will be implemented.
     (2) A district shall permit the children of full-time certificated and classified school employees to enroll at:
     (a) The school to which the employee is assigned; or
     (b) A school forming the district's K through 12 continuum which includes the school to which the employee is assigned.
     (3) For the purposes of this section, "full-time employees" means employees who are employed for the full number of hours and days for their job description.

     *NEW SECTION.  Sec. 3   A new section is added to chapter 28A.320 RCW to read as follows:
     Each school district shall report to the superintendent of public instruction the number of students that apply for enrollment under RCW 28A.225.225(1) or 28A.225.270(2) and the number of total students applying for transfers that were denied enrollment. The superintendent of public instruction shall compile the data and report it to the legislature by December 1, 2004.
     *Sec. 3 was vetoed. See message at end of chapter.


         Passed by the Senate March 11, 2003.
         Passed by the House April 9, 2003.
         Approved by the Governor April 17, 2003, with the exception of certain items that were vetoed.
         Filed in Office of Secretary of State April 17, 2003.

     Note: Governor's explanation of partial veto is as follows:

"I am returning herewith, without my approval as to section 3, Engrossed Substitute Senate Bill No. 5142 entitled:

     "AN ACT Relating to permitting children of certificated and classified school employees to enroll at the school where the employee is assigned;"

This bill requires, upon application, that school districts enroll children of their certificated and classified school employees in the school to which the employee is assigned, or to one of the schools in the feeder school system for the school to which the employee is assigned.

Section 3 of this bill would have provided for certain reporting requirements. The veto of this section has been requested by the Superintendent of Public Instruction, and has the concurrence of the bill sponsor and the sponsor of the Section 3 amendment. Nonetheless, I understand that the Superintendent of Public Instruction intends to provide information regarding the provisions of this bill to the legislature by means of a survey. I support this less burdensome approach.

For these reasons, I have vetoed section 3 of Engrossed Substitute Senate Bill No. 5142.

With the exception of section 3, Engrossed Substitute Senate Bill No. 5142 is approved."