| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Education Committee | |
HB 2832
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 act.
Sponsors: Representatives Anderson, Fromhold, Priest, Haigh, Quall, Sullivan, Conway and Haler.
Brief Summary of Bill |
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Hearing Date: 2/1/08
Staff: Barbara McLain (786-7383).
Background:
The Legislature adopted the Basic Education Act (BEA) in 1977. The BEA sets forth the goals,
educational program requirements, and distribution of resources for a program of education
deemed by the Legislature to comply with the state's obligations under Article IX, Sections 1 and
2 of the state Constitution. The BEA was in response to a ruling by Thurston County Superior
Court Judge Robert Doran (Doran I) holding that the state had not expressly defined, determined
the substantive content of, or funded a program of basic education.
In subsequent decisions, most notably Doran II in 1983, the courts have held that a number of
educational programs in addition to the program defined in the BEA are part of the state's
constitutional obligations, including:
These programs, plus the BEA and educational programs for students in residential and juvenile
institutions, have come to be referred to as "basic education," signifying a constitutional
obligation by the state to provide the programs. However, there are no references in statute to
this designation. The statutes creating the other programs are located in various chapters of the
school code.
In 2000, the State Supreme Court (Tunstall) found that juveniles detained in adult correctional
facilities have a constitutional right to a public education, but this right is covered by a separate
program of education created in statute for those students rather than by the BEA.
Summary of Bill:
A new RCW chapter is created that contains recodified sections of the 1977 BEA and references
to the following other programs: special education, transportation for eligible students, the
Learning Assistance Program, the Transitional Bilingual Program, and institutional education.
Other statutes dealing with administration of basic education programs and funding are
recodified into the new chapter. It is noted that the education program for children incarcerated
in adult correctional facilities is part of the state's constitutional obligations but not part of the
BEA.
Technical corrections are made to statutes that contain references to sections that will be part of
the new chapter.
It is stated that the bill does not expand, diminish, or alter the state's obligations under Article IX
of the state Constitution.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.