HOUSE BILL REPORT

EHB 1870

BYRepresentatives Vekich, Patrick, Ebersole, Holland, Dorn, R. Meyers, Jones, R. King, Cooper, Winsley, Rector, P. King, Prentice, Kremen, Leonard, Spanel, Rust, Phillips, Basich, Todd and G. Fisher 

Providing employment protection for classified school employees.

House Committe on Commerce & Labor

Majority Report:  Do pass with amendments.  (9)

      Signed by Representatives Vekich, Chair; Cole, Vice Chair; Patrick, Ranking Republican Member; Jones, R. King, Leonard, O'Brien, Prentice and Walker.

Minority Report:  Do not pass.  (2)

      Signed by Representatives Smith and Wolfe.

House Staff:Chris Cordes (786-7117)

AS PASSED HOUSE MARCH 14, 1989

BACKGROUND:

Some school districts contract with private entities for services, such as maintenance services and pupil transportation, that school district employees had previously performed.  School districts have specific statutory authority to contract for pupil transportation services and for maintenance and repair of security and computer systems. To contract for pupil transportation, districts must notify the Superintendent of Public Instruction that, in the best judgment of the district, the cost of contracting will not exceed the projected cost of operating its own pupil transportation.  Competitive bid procedures are specified for pupil transportation services.  Districts must also identify, in the budget, the amount of contractual liability for contracted services that extends beyond the fiscal year.

In the higher educational personnel law and state civil service law, contracting for services is not prohibited if the services were regularly purchased by contract before 1979 and employees or employee positions are not terminated as a result of the contract.

SUMMARY:

A school district or board of directors may contract for services if those services were regularly purchased by valid contract before the effective date of the act.  However, the contracts may not be executed or renewed if classified employees or positions, other than positions vacant through retirement, transfer or resignation, would be terminated as a result of the contract execution or renewal, except for director/supervisors, professionals, and technical employees.  The act does not apply to contracts with educational service districts or other school districts if the affected employees are transferred to comparable positions with the district.

If any provision of the act is held invalid, the remainder of the act is not affected.

Fiscal Note:      Requested February 13, 1989.

Effective Date:The bill contains an emergency clause and takes effect immediately.

House Committee ‑ Testified For:    Dick Randall, Public School Employees of Washington;  Bob Maier, Washington Education Association;  Dave Westberg, International Union of Operating Engineers; and Cindy Zehnder, Joint Council of Teamsters.

House Committee - Testified Against:      Evelyn Savage, Grapeview School District; Ed Graff, Marriott Corporation; Tom Hulst, Peninsula School District; Kevin Mest, Laidlaw Transit; Ray Louie, American Building Maintenance Company; and Dwayne Slate, Washington State School Directors' Association.

House Committee - Testimony For:    School districts should not contract out services when the result is loss of jobs for school district classified employees. These employees often lose all pension rights and other benefits of being a public employee.  Contracting for services is not always a more cost effective method of providing services.  The protection now given to employees under the higher education personnel law should also apply to school district employees.

House Committee - Testimony Against:      School districts, especially small districts, need flexibility in managing their school budgets and resources.  Without the option of contracting for services, many special needs of the district might not be met.