BILL REQ. #:  S-3768.2 

Read first time 01/15/10.   Referred to Committee on Early Learning & K-12 Education.

     AN ACT Relating to the state board of health rules that impact school districts; adding a new section to chapter 28A.210 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature commends the state board of health for its commitment to promoting healthy learning environments for students in schools. While the legislature is committed to the health and safety of Washington's school children, it recognizes that it cannot practically implement the state board of health's new or amended rules pertaining to primary and secondary school facilities without an extended phase-in period in light of other budget constraints. The legislature also intends that the new or amended rules pertaining to primary and secondary school facilities not place an unfunded mandate on public schools. In order to achieve this goal, a detailed cost analysis that is agreed to by school districts and a detailed cost analysis that is agreed to by local health jurisdictions are critical. The office of the superintendent of public instruction and school districts, and the department of health and local health jurisdictions, should work together to develop two detailed cost analyses before rule implementation.

NEW SECTION.  Sec. 2   A new section is added to chapter 28A.210 RCW to read as follows:
     (1) The department of health and the state board of health shall forward the new or amended rules pertaining to primary and secondary school facilities to the legislature.
     (2) The office of the superintendent of public instruction shall work with school districts to develop a fiscal analysis regarding the rules and their impacts on school districts.
     (3) The office of the superintendent of public instruction shall convene a working group. The working group shall:
     (a) Be composed of representatives from school districts of a variety of sizes, the Washington state school directors' association, the Washington association of school administrators, the Washington association of maintenance and operations administrators, and the Washington association of school business officials;
     (b) Prepare a fiscal estimate for the statewide cost to school districts of the rules. The analysis shall consider and identify variations in the fiscal impact based on:
     (i) Differences in sizes of school districts;
     (ii) Regional cost differences;      
     (iii) Costs of implementing specific program elements of the rules, section-by-section; and
     (iv) Other variables that may affect costs.
     (4) The working group shall submit its analysis to the legislature by December 1, 2010.
     (5) The department of health shall convene a working group with representatives from local health jurisdictions to develop a statewide fiscal analysis regarding the impact of rules on local health jurisdictions.
     (6)(a) The statewide fiscal analysis must consider and identify variation in the fiscal impact based on:
     (i) Differences in sizes of local health jurisdictions;
     (ii) Regional cost differences;      
     (iii) Costs of implementing specific program elements of the rules, section-by-section; and
     (iv) Other variables that may affect costs.
     (b) The working group shall submit its analysis to the legislature by December 1, 2010.
     (7) Any new or amended rules pertaining to primary and secondary school facilities shall not be implemented until the legislature has formally funded implementation of the rules through the omnibus appropriations act or by statute.
     (8) Due to the anticipated phase-in period, the chair of the senate committee on ways and means or the chair of the house of representatives committee on ways and means may request that one or both of the working groups reconvene to update the fiscal estimates.
     (9) The office of the superintendent of public instruction working group and the department of health working group shall each develop recommendations. The recommendations shall prioritize the elements of the rules that each working group believes will provide the greatest health and safety benefits and the order in which they should be implemented when funding becomes available. Each working group shall deliver its recommendations to appropriate committees of the legislature.