HOUSE BILL REPORT
HB 3098
As Reported by House Committee On:
Education
Title: An act relating to transferring duties of the reconstituted state board of education.
Brief Description: Transferring duties of the reconstituted state board of education.
Sponsors: Representatives McDermott, Talcott and Quall.
Brief History:
Education: 1/30/06, 2/1/06 [DPS].
Brief Summary of Substitute Bill |
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HOUSE COMMITTEE ON EDUCATION
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 13 members: Representatives Quall, Chair; P. Sullivan, Vice Chair; Talcott, Ranking Minority Member; Anderson, Assistant Ranking Minority Member; Curtis, Haigh, Hunter, McDermott, Priest, Santos, Shabro, Tom and Wallace.
Staff: Barbara McLain (786-7383).
Background:
Legislation enacted in 2005 reconstituted the State Board of Education (SBE) effective
January 1, 2006. The stated purpose of the new board is to adopt statewide policies that
promote achievement of the Basic Education goals; implement a standards-based
accountability system; and provide leadership in the creation of an education system that
respects the diverse cultures, abilities, and learning styles of all students.
The new SBE was assigned student achievement and accountability responsibilities
previously held by the Academic Achievement and Accountability Commission, which was
abolished. Former SBE responsibilities for educator preparation and certification were
transferred to the Professional Educator Standards Board (PESB).
The remaining statutory duties of the SBE were left unchanged, and a joint subcommittee of
the House of Representatives and Senate Education Committees was created to review these
duties and make recommendations to the full committees by December 15, 2005.
The SBE has a wide range of statutory duties, many of which involve rule-making, pertaining
to the following topics:
(1) oversight, implementation, and waivers of the Basic Education Act;
(2) planning, regulation, and allocation of funding for school facilities and school
organization;
(3) public and private school accreditation and private school authorization;
(4) high school graduation requirements and rules regarding other educational programs;
(5) rules and appeals of school district boundary issues;
(6) Educational Service District (ESD) elections and boundaries;
(7) policies on pupil discipline, uniform entry, and pupil tests and records;
(8) oversight of the Washington Interscholastic Activities Association (WIAA); and
(9) rules regarding immunization of students, library media centers, and training of bus
drivers.
The joint subcommittee's recommendations took the form of three general actions: (1) retain
selected duties of the SBE with the new board; (2) transfer selected duties to other state
agencies, primarily but not exclusively to the Superintendent of Public Instruction (SPI); and
(3) repeal selected duties.
The joint subcommittee also recommended that the SBE's oversight over program
requirements of the Basic Education Act (BEA) and the funding parameters for basic
apportionment be repealed effective September 1, 2007. The joint subcommittee anticipates
a new funding model from the Washington Learns comprehensive education funding study to
replace these provisions before the repeal takes affect. A number of statutes were identified
dealing with educator preparation or certification issues that still refer to the SBE, rather than
the PESB.
Summary of Substitute Bill:
General. The purpose statement for the new SBE is expanded to include advocacy and
strategic oversight of public education and leadership in the creation of a system that
personalizes education for each student.
The SBE must include the Chairs and Ranking Minority Members of the legislative
Education Committees in board communications to keep them apprised of discussions and
proposed actions. Broad authority of the SBE to adopt rules for the government of schools,
students and employees; prepare an outline of study for the public schools; and hear and
decide appeals is repealed.
Members of the SBE are compensated as a Class IV rather than a Class III board ($100 per
diem for official duties).
School facilities and organization. The SBE responsibility for facilities planning,
rule-making and allocation of funds for school facilities, and determination of remote and
necessary school sites is transferred to the SPI. The SPI exercises this authority with
recommendations from a new School Facilities Citizen Advisory Panel. The panel is
comprised of one member of the SBE, two school district directors appointed by the SBE
from a list of five names submitted by the Washington State School Directors' Association,
and four additional citizen members appointed by the SBE. The SPI may also convene a
technical advisory group to provide expert advice to the SPI and to the panel.
Accreditation. The SBE no longer accredits public schools. The SBE authority to accredit
and authorize private schools, as well as oversee programs for home-schooled students, is
unchanged.
High school graduation and other education programs. The SBE retains authority for high
school graduation requirements, but responsibility for standardized transcripts and
establishing course equivalencies is transferred to the SPI, in consultation with the Higher
Education Coordinating Board, the State Board for Community and Technical Colleges
(SBCTC), and the Workforce Training and Education Coordinating Board. The SBE, in
consultation with the SBCTC, will examine issues pertaining to the general educational
development test (GED) and adult education and make recommendations to the legislative
Education Committees by January 15, 2007. The SPI is assigned responsibility for education
centers, the National Guard Youth Challenge (in consultation with the Military Department),
and required courses of study for the common schools.
School district boundaries. The SPI is assigned rule-making responsibility for school district
boundary issues and other powers related to the organization or reorganization of school
districts. The authority of the SBE to hear appeals of boundary decisions is transferred to an
administrative law judge under the Administrative Procedures Act.
ESDs. The SBE responsibility to conduct elections for ESD board members is transferred to
the SPI.
Policies regarding students. Rule-making responsibility for pupil discipline and due process
policies, uniform entry age, and pupil tests and records is transferred to the SPI.
WIAA. The SBE's responsibility to authorize WIAA rules and annually review WIAA
policies, finances, and actions is repealed. Instead, this voluntary nonprofit entity is
authorized to conduct its activities under the authority of its governing board.
Other. The State Board of Health is assigned responsibility to adopt rules regarding
immunization of public school students. An SBE rule requiring teachers to be present
one-half hour before and after school is replaced by a requirement that each school board
adopt a policy on this topic and make the policy available to parents and the public. An SBE
rule describing quality criteria for school library media programs is placed in statute, and the
SBE rule-making authority on this topic is repealed. The SPI will adopt rules regarding
training of bus drivers. The SBE rule-making authority over central purchasing and real
property sales contracts is repealed.
References to the SBE in statutes pertaining to educator certification, student teaching
centers, alternative routes to teacher certification, continuing education clock hours, and
internships are changed to the PESB.
Substitute Bill Compared to Original Bill:
The purpose statement for the new SBE is streamlined. The repeal, effective September 1,
2007, of provisions of the BEA is removed. The SBE retains oversight over the program
requirements and funding allocation parameters of the BEA, including instructional hours,
the 180-day school year, minimum staffing ratios, and waivers of these requirements.
Members of the SBE are compensated as a Class IV rather than a Class III board. Rather
than requiring legislative action to adjust ESD boundaries, the SBE retains authority to
adddress ESD boundary issues. Language transferring appeals of school district boundaries
to an administrative law judge is clarified. Several errors are corrected to transfer duties
consistently to the appropriate agency.
Appropriation: None.
Fiscal Note: Available.
Effective Date of Substitute Bill: Section 406 repealing a waiver of a requirement that school districts offer a broad high school program takes effect September 1, 2009. The remainder of the bill takes effect 90 days after adjournment of the session in which the bill is passed.
Testimony For: (In support of original bill) The subcommittee met extensively in the fall to
consider carefully the purpose of the new SBE. There are sweeping and bold decisions in
this bill. The overall direction is to focus the new SBE on student achievement and
accountability, and relieve them of the minutiae and detail of other issues. We are expecting
bold recommendations from Washington Learns and felt that applying a sunset clause to the
BEA was a statement of our commitment to make significant change in how we define and
fund education.
(With concerns on original bill) There is support for the intent and concept of making student
and school accountability the primary responsibility of the SBE. However, making the BEA
sunset is premature. Keep the old BEA in place until we know what is to replace it. Not only
are we waiting to see the product of Washington Learns, we don't know what the response of
the Legislature will be to those recommendations. The WIAA has adequate internal
oversight. Removal of public school accreditation does not affect regional or private
accreditation. The intent of the 2005 Legislature was to create a balance of responsibilities
among the SPI, the SBE, and the PESB. By removing so much authority from the SBE, it
appears we have created yet another minor commission. The SPI does not have regular
public meetings and public access. This is a concern when it comes to major rule-making
decisions.
Testimony Against: The repeal of the BEA provisions must be opposed. Furthermore, there is a loose and undefined relationship between the new advisory panel for school construction and the SPI or the SBE. We should table the discussion of further erosion of the SBE. There is no reason for haste; the new board has not yet convened. Instead, we should wait for the new board to examine its responsibilities and wait for the Washington Learns recommendations. Transferring rule-making authority to an administrative body is not appropriate in all cases. There is a strong link between education reform, students achievement, and school facilities. It is therefore appropriate to keep school construction under the SBE.
Persons Testifying: (In support of original bill) Representative McDermott, prime sponsor.
(With concerns on original bill) Leslie Goldstein, Office of the Superintendent of Public
Instruction; Don Rash, Association of Washington School Principals; and Lucinda Young,
Washington Education Association.
(Opposed to original bill) Linda W. Lamb; Dan Steele, Washington State School Director's
Association; and Barbara Mertens, Washington Association of School Administrators.