SENATE BILL REPORT
SB 6115
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.
As of March 1, 2007
Title: An act relating to special education safety net awards.
Brief Description: Creating special education safety net awards.
Sponsors: Senators Brandland, Rasmussen, Holmquist, Kauffman, Clements, Hobbs, McCaslin, Berkey, Marr, Delvin, Shin, Roach, Regala, Stevens, Swecker, Benton, Hargrove, Spanel, Hewitt and Kline.
Brief History:
Committee Activity: Early Learning & K-12 Education: 2/28/07.
SENATE COMMITTEE ON EARLY LEARNING & K-12 EDUCATION
Staff: Kimberly Cushing (786-7421)
Background: Safety net funding is available to school districts with a demonstrated need for special education funding in excess of state and federal funding otherwise provided. Actual awards are based upon the cumulative need demonstrated on individual high-need student's worksheets. A state oversight committee for the special education safety net is established by rule and members are appointed by the Office of the Superintendent of Public Instruction (OSPI).
Summary of Bill: A state special education safety net oversight committee is established to be
appointed by the Superintendent of Public Instruction (SPI). SPI must seek recommendations
from specified associations and the Office of Financial Management (OFM). The oversight
committee must have a maximum of 14 members, including one staff person from OSPI, one staff
person from the Office of the State Auditor, and up to 12 representatives from school districts or
educational service districts knowledgeable in special education programs and funding.
Safety net funds must be awarded by the oversight committee, subject to the following conditions
and limitations: (1) the committee must consider unmet needs for districts that can convincingly
demonstrate that all legitimate expenditures for special education exceed state funding; (2) the
committee must then consider the extraordinary high-cost needs of one or more individual special
education students; (3) the committee must then consider extraordinary costs associated with
communities that draw a larger number of families with children in need of special education
services; and (4) safety net awards must be adjusted for any audit findings or exceptions related
to special education funding.
SPI must develop rules necessary to administer the safety net award process to ensure that the
application process is streamlined, submission timelines are not in conflict, feedback to school
districts is timely and provides sufficient information, and approved awards are consistent. OSPI
must also provide school districts with technical assistance for preparing and submitting safety
net applications. Annually, SPI must survey districts regarding their satisfaction with the safety
net process, incorporate the feedback, and, by December 1, report to OFM and the Legislature on
the survey responses and resulting changes.
The oversight committee, with the assistance of OSPI, must evaluate issues raised in recent
reports on special education excess cost accounting procedures. Specifically, the oversight
committee must evaluate options for modifying or replacing the current accounting methodology.
By November 1, 2008, the oversight committee must submit a report to OFM and the Legislature
outlining the options for replacing the current cost method. One such option, to the maximum
extent appropriate, will be based on a full cost accounting.
The sum of $50 million dollars ($25 million in each fiscal year 2008 and fiscal year 2009) is
appropriated to OSPI for the purposes of special education safety net awards.
Appropriation: $50 million.
Fiscal Note: Available.
Committee/Commission/Task Force Created: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony: PRO: The safety net application and accounting
processes are very cumbersome for school districts. However, schools have to apply for the
safety net because they need the money for students in special education. Each year hundreds of
staff hours are spent applying for safety net funding. The processes need to be revised and an
oversight committee needs to be created to include community input. This bill makes welcomed
changes to the complex safety net process: 14 committee members on the oversight committee;
a new category of funding to the safety net process; more technical assistance and feedback; and
a new method for accounting. Increasing the money spent on special education will reduce
schools' reliance on the safety net. It might be helpful to add a representative of the Washington
Association of School Business Officials to the oversight committee.
CON: The entire basic education formula needs to be considered. Currently, the basic education
revenue generated by each special education student is not counted or reported; the state
accounting system makes it impossible to tell where the money goes.
Persons Testifying: PRO: Senator Brandland, prime sponsor; Senator Rasmussen, co-sponsor;
Jennifer Priddy, OSPI; Tim Yeomants, Mount Baker School District; Barbara Mertens,
Washington Association of School Administrators; Jean Leonard, School District Alliance for
Adequate Special Education Funding; Mitch Denning, Alliance of Educational Associations.
CON: Christie Perkins, Washington State Special Education Coalition.