SENATE BILL REPORT

 

 

                              2SSB 6733

 

 

BYSenate Committee on Ways & Means (originally sponsored by Senators Bailey, Rinehart, Anderson, Murray, Lee, Gaspard, Metcalf, Craswell, Bender, Benitz, Nelson, Johnson, Thorsness, Patrick, Rasmussen, Sellar, Smith, Warnke, Vognild, Smitherman, DeJarnatt, Madsen, Conner, Wojahn, Talmadge, Bauer, Williams, Kreidler, von Reichbauer, Fleming, Barr and Sutherland)

 

 

Studying enrollment options.

 

 

Senate Committee on Education

 

     Senate Hearing Date(s):January 23, 1990; January 30, 1990

 

Majority Report:     That Substitute Senate Bill No. 6733 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

     Signed by Senators Bailey, Chairman; Lee, Vice Chairman; Anderson, Bender, Benitz, Craswell, Fleming, Gaspard, Murray, Rinehart.

 

     Senate Staff:Larry Davis (786-7422)

                February 2, 1990

 

 

Senate Committee on Ways & Means

 

     Senate Hearing Date(s):February 14, 1990; February 15, 1990

 

Majority Report:     That Second Substitute Senate Bill No. 6733 be substituted therefor, and the second substitute bill do pass.

     Signed by Senators McDonald, Chairman; Amondson, Bailey, Bluechel, Cantu, Gaspard, Hayner, Johnson, Lee, Newhouse, Saling, Smith.

 

Minority Report:     That it not be substituted.

     Signed by Senators Gaspard, Moore, Niemi, Owen, Talmadge, Warnke, Wojahn.

 

     Senate Staff:Ken Kanikeberg (786-7715)

                March 2, 1990

 

 

House Committe on Rules

 

 

                 AS PASSED SENATE, FEBRUARY 28, 1990

 

BACKGROUND:

 

The issue of "choice" as a strategy for promoting educational restructuring and reform continues to receive both national and state attention.  The fundamental premise of a "choice" program is to allow parents and students the freedom to select the school of their choice.  Current Washington State statutes allow school districts wide flexibility in establishing intra-district choice programs, and provide a framework for cooperating school districts to develop inter-district choice programs.  It is proposed that the state examine all issues relating to statewide open enrollment ("choice") prior to adopting a statewide policy on open enrollment.

 

SUMMARY:

 

Enrollment Options Studies.  The Superintendent of Public Instruction will conduct a study and report to the Legislature and the Governor by December 1, 1991 on the number of students participating in state and locally authorized enrollment options programs.  The report must include findings and recommendations relating but not limited to:  reasons most often given by parents and students for requesting enrollment in nonresident districts, the number of students both successfully and unsuccessfully requesting enrollment in nonresident districts, and the impact of existing enrollment options on issues relating to desegregation, school construction, transportation, local levies, special student populations, and school district consolidation.

 

The Superintendent of Public Instruction will conduct a study and report to the Legislature and the Governor by December 1, 1991 on the impact of open enrollment laws in other states.  The report must include findings and recommendations relating but not limited to:  Reasons most often given by parents and students for requesting enrollment in nonresident districts; the number of students both successfully and unsuccessfully requesting enrollment in nonresident districts; the impact of existing enrollment options on issues relating to desegregation, school construction, transportation, local levies, special student populations, and school district consolidation; and a cost-benefit analysis of the open enrollment programs in the states.

 

Using the results of the studies, the Superintendent of Public Instruction will submit to the Legislature and the Governor by December 1, 1992, recommendations regarding the establishment of a limited or unlimited open enrollment program in Washington effective with the 1993-94 school year.

 

Enactment is contingent upon funding in the budget.

 

Appropriation:  none

 

Revenue:   none

 

Fiscal Note:    available

 

Senate Committee - Testified:   EDUCATION:  Judith Billings, Superintendent of Public Instruction (pro); Kris Van Gorkom, Washington Association of School Administrators (pro); Ken Watson, Seattle School District (pro); John Kvamme, Tacoma School District (pro); Donna Shy, Washington State PTA (pro); Walter Ball, Association of Washington School Principals (pro); Judy Hartmann, Washington Education Association (pro); Dwayne Slate, Washington State School Directors' Association (pro); Carl Fynboe, Washington Federation of Independent Schools

 

Senate Committee - Testified:   WAYS & MEANS:  Bruce Agnew, Chief of Staff, Congressman John Miller; Ken Watson, Seattle School District; Dwayne Slate, WSSDA; Joan Terrill, Northport School District (WSSDA); Thelma Jackson, North Thurston School District (WSSDA); John Kvammie, Tacoma School District; Walter Ball, Association of Washington State Principals; Kris Van Gorkom, WASA; Judy Hartmann, WEA

 

 

HOUSE AMENDMENTS:

 

The entire text of Second Substitute Senate Bill 6733, including the title, was stricken and the text of Second Substitute House Bill 2379 was inserted.  The amendment does the following:

 

LEARNING BY CHOICE PROGRAM

 

The Learning by Choice Program is created.  Beginning in the 1992-93 school year, parents and guardians may choose to have their children attend a nonresident public school district subject to several exceptions and conditions.  State education funding for the child is paid to the school district the student actually attends.  School districts may limit nonresident enrollment in their schools, but with the exception of school districts that have desegregation plans, districts may not refuse to permit a student to leave.

 

Information booklet:  The Superintendent of Public Instruction (SPI) shall prepare a booklet that contains information on the options parents have for enrollment of their children in the state's public schools.  School districts shall distribute the booklet.  The booklet shall contain a transfer application form, deadlines for transfer requests, a toll-free telephone number for additional information, and other relevant material.

 

Transfer procedures and selection criteria:  Each district's school board shall annually determine the number of transfer slots available for nonresident students in each of its schools.  Schools and special education programs that have available space shall randomly select students from the applications that have been submitted.

 

For regular education students, an application may only be rejected because:  1) it was not selected in the random lottery, 2) there were no designated transfer slots at the school, or 3) the student's enrollment would adversely affect the district's adopted desegregation plan.

 

Provisions for parent notification and exit interviews are provided.

 

Duties of SPI:  The Superintendent of Public Instruction shall establish a timeline and procedures for the program that must be followed by the school districts.

 

Student transportation:  Parents with children in nonresident school districts are obligated to transport their children to the nearest bus stop of the school to which the child has transferred.  Parents of students who are eligible for free or reduced price breakfasts or lunches shall be reimbursed for transportation from money provided by the state.  SPI shall establish rules for transportation payments.

 

Eligibility for extracurricular activities: Eligibility of transfer students for participation in extracurricular activities shall be subject to rules adopted by the Washington Interscholastic Athletic Association.

 

Districts with desegregation plans:  The board of directors of a school district implementing a desegregation plan shall adopt a policy on interdistrict student transfers.  Under the policy, the district may not deny a student's application to transfer if the transfer would lessen the difference between the minority percentages of the two districts.  Application and notification procedures are provided.

 

Special education:  Applications from nonresident students to attend special education programs shall only be granted if the receiving school or district maintains a special education program appropriate to the student's needs, and if space is available.

 

Levy provisions/transfer fees:  School districts may establish annual transfer fees for nonresident students if the levy rate per $1,000 adjusted assessed value of the serving district is higher than the rate of the district in which the student resides.  A formula is provided for determining the amount of the transfer fee.  However, the fee may not exceed $300.

 

The state shall pay transfer fees for students who are eligible for free and reduced price lunches or breakfasts.

 

Continuing enrollment:  Once a student is enrolled in a nonresident school district, the student shall be treated as a resident, except in terms of transportation and transfer fees.  The student may continue to attend the nonresident school district without transfer applications.

 

Intradistrict transfer policies:  School districts shall adopt a policy allowing intradistrict enrollment options by June 30, 1991, and shall distribute a booklet on intradistrict enrollment options.

 

Existing transfer programs:  Nothing in the act affects or reduces other student transfer options available in law.

 

Study and recommendations:  An interim task force is created to study the need to: provide programs that foster program diversity; provide relief to districts that experience significant enrollment declines; modify the transfer fee formula; provide relief to staff who may be displaced by fluctuations in enrollment; and provide a low-income subsidy for intradistrict transportation.  The task force shall consist of two members of the Senate, two members of the House of Representatives, and one representative each from the Office of the Superintendent of Public Instruction, the State Board of Education, and the Office of the Governor.  The task force shall report to the Legislature by December 15, 1990.

 

RUNNING START PROGRAM

 

The Running Start Program is created, which will allow high school juniors and seniors to attend vocational technical institutes, community colleges, and public colleges and universities on a full-time or part-time basis.

 

Task force and design criteria:  The Governor shall appoint a task force to design an implementation plan to be submitted to the State Board of Education, the Higher Education Coordinating Board, the Legislature, and the Governor by December 1, 1990.  The Legislature shall consider the task force's recommendations during the 1991 legislative session.

 

In designing the implementation plan, the task force shall use the following criteria:  a) students may not be charged tuition or other fees (including books); State basic education funds shall follow the student; b) information on available opportunities shall be provided to parents and teachers;  c) student qualifications for enrolling shall be established;  d) up to 5,000 students per year shall initially be served, and these students shall not be counted in higher education institution enrollment limits; e) an evaluation system shall be developed; f) districts may not refuse students permission to participate in the program; and g) credits earned shall apply to graduation requirements of both high school and the vocational institute, community college, college, or university.

 

Beginning enrollment:  The Running Start program shall begin no later than the 1992-1993 school year.

 

Report to the Legislature:  SPI shall conduct a study of the effect of the enrollment options and postsecondary options program, and shall submit initial results to the Legislature and Governor by December 15, 1993.