SENATE BILL REPORT

ESHB 776

BYHouse Committee on Education (originally sponsored by Representatives Cole, Holm, Taylor, Betrozoff, Ebersole, Brough, May, Amondson, Schoon, Silver and L. Smith) 

Removing the requirement that hearing officers for school employee cases be attorneys.

House Committe on Education

Senate Committee on Education

Senate Hearing Date(s):March 24, 1987

Majority Report:     Do pass as amended.

     Signed by Senators Gaspard, Chairman; Bailey, Bender, Craswell, Patterson, Saling, Smitherman, Warnke.

Senate Staff:Don Bennett (786-7424)

                March 25, 1987

AS REPORTED BY COMMITTEE ON EDUCATION,  MARCH 24, 1987

BACKGROUND:

Certificated school district employees are entitled to a hearing to contest a notice of probable cause for discharge or adverse change in contract status.  Current law requires that the hearing officer presiding over the hearing be a member in good standing of the Washington State Bar Association.  The statute requires that the hearing officer be jointly appointed by two nominees of the employee and the school board within five days following their nomination.  The two nominees must be selected within ten days after a hearing is requested and must also be members in good standing of the Bar Association.

If the nominees fail to agree on the appointment of a hearing officer, the presiding judge of the superior court for the county, upon the request of either the school district or the employee, appoints a hearing officer who must be a member of the bar qualified to fairly and impartially preside over the hearing.

SUMMARY:

The time limit for appointment of the hearing officer is fifteen days from the date of the request for hearing.

The nominees of the employee and the school district are no longer required to be members of the state Bar Association.  The hearing officer appointed by the nominees must be an attorney or a person adhering to the arbitration standards established by the Public Employment Relations Commission and listed on its current list of arbitrators.  A hearing officer appointed by the court is not required to be a member of the Bar Association.

SUMMARY OF PROPOSED SENATE AMENDMENTS:

The proposed amendments are technical or grammatical corrections.

Fiscal Note:    none requested

Senate Committee - Testified:   Bob Schwerdtfeger, Washington Association of School Administrators; Marvin L. Shurke, Executive Director, Public Employment Relations Commission