_______________________________________________
SUBSTITUTE
HOUSE BILL 1865
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Passed
Legislature - 1997 Regular Session
AS
AMENDED BY THE SENATE
State of Washington 55th
Legislature 1997 Regular Session
By
Read first time 03/05/97.
Allowing
school districts to contract with other public and private entities.
AN
ACT Relating to school district contracting; amending RCW 28A.400.285; and
adding a new section to chapter 28A.320 RCW.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 28A.320 RCW to read as follows:
(1)
The board of directors of a school district may contract with other school
districts, educational service districts, public or private organizations,
agencies, schools, or individuals to implement the board's powers and duties.
The board of directors of a school district may contract for goods and
services, including but not limited to contracts for goods and services as
specifically authorized in statute or rule, as well as other educational,
instructional, and specialized services. When a school district board of
directors contracts for educational, instructional, or specialized services,
the purpose of the contract must be to improve student learning or achievement.
(2)
A contract under subsection (1) of this section may not be made with a
religious or sectarian organization or school where the contract would violate
the state or federal Constitution.
Sec.
2. RCW
28A.400.285 and 1993 c 349 s 1 are each amended to read as follows:
(1)
When a school district or educational service district enters into a contract
for services that had been previously performed by classified school employees,
the contract shall contain a specific clause requiring the contractor to
provide for persons performing such services under the contract, health
benefits that are similar to those provided for school employees who would
otherwise perform the work, but in no case are such health benefits required to
be greater than the benefits provided for basic health care services under
chapter 70.47 RCW.
(2)
Decisions to enter into contracts for services by a school district or
educational service district may only be made: (a) After the affected district
has conducted a feasibility study determining the potential costs and benefits,
including the impact on district employees who would otherwise perform the
work, that would result from contracting for the services; (b) after the
decision to contract for the services has been reviewed and approved by the
superintendent of public instruction; and (c) subject to any applicable
requirements for collective bargaining. The factors to be considered in the
feasibility study shall be developed in consultation with representatives of
the affected employees and may include both long-term and short-term effects of
the proposal to contract for services.
(3)
This section applies only if ((the)) a contract ((would be))
is for services ((that are being)) performed by classified school
employees ((as of)) on or after July 25, 1993.
(4)
This section does not apply to:
(a)
Temporary, nonongoing, or nonrecurring service contracts; or
(b)
Contracts for services previously performed by employees in
director/supervisor, professional, and technical positions.
(5)
For the purposes of subsection (4) of this section:
(a)
"Director/supervisor position" means a position in which an employee
directs staff members and manages a function, a program, or a support service.
(b)
"Professional position" means a position for which an employee is
required to have a high degree of knowledge and skills acquired through a
baccalaureate degree or its equivalent.
(c) "Technical position" means a position for which an
employee is required to have a combination of knowledge and skills that can be
obtained through approximately two years of posthigh school education, such as
from a community or technical college, or by on-the-job training.
