H-0826.2  _______________________________________________

                          HOUSE BILL 2275

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Keiser, Conway, Cooper, Cody, Veloria, Kenney, Romero, Miloscia, Schual‑Berke and Wolfe

Read first time 03/22/1999.  Referred to Committee on Education.

Restoring local control of educational employees' salaries.

    AN ACT Relating to restoring local control of educational employees' salaries; amending RCW 28A.400.200; and repealing RCW 41.59.935.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 28A.400.200 and 1997 c 141 s 2 are each amended to read as follows:

    (1) Every school district board of directors shall fix, alter, allow, and order paid salaries and compensation for all district employees in conformance with this section.

    (2)(a) Salaries for certificated instructional staff shall not be less than the salary provided in the appropriations act in the state-wide salary allocation schedule for an employee with a baccalaureate degree and zero years of service; and

    (b) Salaries for certificated instructional staff with a masters degree shall not be less than the salary provided in the appropriations act in the state-wide salary allocation schedule for an employee with a masters degree and zero years of service((;)).

    (3)(a) If the actual average salary paid to basic education and special education certificated instructional staff ((shall not)) exceeds the district's average basic education and special education program certificated instructional staff salary used for the state basic education allocations for that school year as determined pursuant to RCW 28A.150.410, the state shall not incur any present or future funding obligations for that portion of salary.

    (b) Fringe benefit contributions for basic education and special education certificated instructional staff shall be included as salary under (a) of this subsection only to the extent that the district's actual average benefit contribution exceeds the amount of the insurance benefits allocation provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable.  For purposes of this section, fringe benefits shall not include payment for unused leave for illness or injury under RCW 28A.400.210; employer contributions for old age survivors insurance, workers' compensation, unemployment compensation, and retirement benefits under the Washington state retirement system; or employer contributions for health benefits in excess of the insurance benefits allocation provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable.  A school district may not use state funds to provide employer contributions for such excess health benefits.

    (c) Salary and benefits for certificated instructional staff in programs other than basic education and special education shall be consistent with the salary and benefits paid to certificated instructional staff in the basic education and special education programs.

    (4) ((Salaries and benefits for certificated instructional staff may exceed the limitations in subsection (3) of this section only by separate contract for additional time, additional responsibilities, or incentives.  Supplemental contracts shall not cause the state to incur any present or future funding obligation.  Supplemental contracts shall be subject to the collective bargaining provisions of chapter 41.59 RCW and the provisions of RCW 28A.405.240, shall not exceed one year, and if not renewed shall not constitute adverse change in accordance with RCW 28A.405.300 through 28A.405.380.  No district may enter into a supplemental contract under this subsection for the provision of services which are a part of the basic education program required by Article IX, section 3 of the state Constitution.

    (5))) Employee benefit plans offered by any district shall comply with RCW 28A.400.350 and 28A.400.275 and 28A.400.280.

NEW SECTION. Sec. 2.  RCW 41.59.935 (Construction of chapter‑-Certain agreements subject to RCW 28A.150.410 and 28A.400.200) and 1997 c 431 s 22, 1990 c 33 s 571, 1987 1st ex.s. c 2 s 206, & 1981 c 16 s 3 are each repealed.

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