HOUSE BILL REPORT

                  HB 1211

             As Reported By House Committee On:

                          Education

Title:  An act relating to educational service districts.

Brief Description:  Granting additional powers to boards of directors of educational service districts.

Sponsors:  Representatives Ogden, Brumsickle, Franklin, Jacobsen, Carlson, Springer, Orr, Leonard, H. Myers and Basich.

Brief History:

  Reported by House Committee on:

Education, February 18, 1993, DPS.

HOUSE COMMITTEE ON EDUCATION

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by 18 members:  Representatives Dorn, Chair; Cothern, Vice Chair; Brough, Ranking Minority Member; Thomas, Assistant Ranking Minority Member; Brumsickle; Carlson; G. Cole; Eide; Hansen; Holm; Jones; Karahalios; J. Kohl; Patterson; Pruitt; Roland; Stevens; and Vance.

Staff:  Margaret Allen (786-7191).

Background:  School districts and educational service districts (ESDs) have only those powers expressly authorized by law or necessarily or fairly implied in the powers expressly authorized by law.

During the 1992 session, the Legislature gave school districts broad discretionary power to adopt written policies, not in conflict with other law, that provide for the development and implementation of programs, activities, services, or practices the school board determines will promote the education of students or the efficient or safe management and operation of the school district.

No similar power was given to ESDs.

Summary of Substitute Bill:  An ESD may provide cooperative and informational services concerning the development and implementation of programs, activities, services, or practices supporting the education of students or the effective and safe management and operation of school districts.

One or more school districts served by the ESD must have requested the services.

Substitute Bill Compared to Original Bill:  The proposed substitute clarifies the requirement that at least one school district served by the ESD make a written request before the ESD can provide the described cooperative and informational services.  The proposed substitute also deletes language concerning broad discretionary power to determine and adopt written policies.

Fiscal Note:  Not requested.

Effective Date of Substitute Bill: Ninety days after adjournment of session in which bill is passed.

Testimony For:  There is concern ESDs lack statutory authority to become involved in a partnership with other public agencies under the Interlocal Cooperation Act.  The ESDs are requesting authority to be more responsive to local needs.  It is impossible to predict the kinds of needs that will arise in the future.  The ESDs are not requesting an open-ended authority, as a request must be made by a school district for the ESD action.

Testimony Against:  None.

Witnesses:  Val Ogden, prime sponsor; Bill Fromhold, ESD 112 Superintendent; Roy Garrison, ESD 112 Board of Directors; and Esther Stefaniw, Manson School Board.