| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Education Committee | |
HB 1285
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
Brief Description: Recodifying the basic education program.
Sponsors: Representatives Anderson, Fromhold, Priest, Quall and Haler.
Brief Summary of Bill |
|
Hearing Date: 2/2/07
Staff: Sarah Ream (786-7303).
Background:
The Legislature adopted the Basic Education Act (BEA) in 1977 following a ruling by Thurston
County Superior Court Judge Robert Doran (the "Doran Decision I"). In that decision, Judge
Doran held that the state (1) had not sufficiently funded a program of basic education, (2) had not
expressly defined basic education or determined the substantive contents of a program of basic
education, and (3) had failed to provide a method for sufficiently funding basic education without
reliance on special levies.
The BEA set forth the goals of basic education and a number of requirements for basic education,
including minimum educational program requirements and responsibilities of district and
instructional staff. However, in subsequent decisions ("Doran II" and "Doran III") the courts held
that a number of educational programs in addition to the program contained in the BEA are part
of the state's constitutional obligation to provide a basic education.
Specifically, the Doran decisions held that the state's constitutional duty to provide a basic
program of education include's providing:
(1) special education programs for children with disabilities;
(2) transitional bilingual education programs;
(3) remediation assistance programs (now known as learning assistance programs);
(4) transportation for some students; and,
(5) vocational education.
The statutes providing for these programs are currently contained in various chapters of Title
28A RCW.
Summary of Bill:
The RCW sections constituting the Basic Education Act of 1977 (BEA) are recodified into a new
chapter of 28A RCW.
The statutes regarding the educational programs that have been held by the courts to be part of
the state's basic education obligation, in addition to those set forth in the BEA, are also recodified
into the new chapter of 28A RCW.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.