Washington State House of Representatives Office of Program Research	BILL ANALYSIS
Education Committee

SHB 2190

Brief Description:  Permitting the children of certificated and classified school employees to enroll at the school where the employee is assigned.

Sponsors:  House Committee on Education (originally sponsored by Representatives McDermott, Anderson, Santos, Schmidt, Quall, Ericksen, Kenney, Pearson, Schindler, Keiser, Schual‑Berke, Rockefeller, Talcott, Haigh, Bush, O'Brien, Jarrett, Lambert, Kessler, Grant, Mielke and Simpson).

Brief Summary of Substitute Bill

$Under most circumstances, school districts are required to permit the children of full‑time certificated and classified employees to enroll at the school to which the employee is assigned.

Hearing Date: 1/28/02

Staff:  Susan Morrissey (786‑7111).

Background:

The general rule regarding place of attendance is that a student must attend school in the school district in which he or she lives.  This is called the student's resident district.

For parents wanting to change the location of their child's school enrollment, there are two types of transfers potentially available: (1) intradistrict transfers, from one school to another school in the same district; and (2) interdistrict transfers, from a school in one district to a school in a different district.

Intradistrict transfers are governed by individual district policies.  Each district is required to adopt a policy establishing standards on how intradistrict enrollment options will be implemented.  These policies are published by the Office of the Superintendent of Public Instruction (OSPI) and also are made available to parents within and outside the district.

Interdistrict transfers are governed, in part, by statute.  Any district may make arrangements with any other district for children to attend the school district of choice, and districts are strongly encouraged to honor parental requests for children to attend school in another district.  In order to transfer to a nonresident district, a student must get a release from the resident district and an acceptance from the nonresident district.

A district must release a resident student to a nonresident district that agrees to accept the student if: (1) the transfer will likely result in an improved health, safety, financial, or educational condition affecting the student; (2) the school in the nonresident district is more accessible to a parent's place of work or to the location of child care; or (3) there is a special hardship or detrimental condition affecting the student or the immediate family.  A district may refuse to release a resident student if the release will adversely affect a district's existing desegregation plan.

A district may, but is not required to, accept applications from nonresident students.  Districts that do accept applications must consider all applications equally and must employ fair and equitable standards for the acceptance or rejection of transfer requests.  A district may reject a transfer request from a nonresident student if: (1) acceptance would result in a financial hardship for the district; (2) the nonresident student has a history of convictions, violent or disruptive behavior, or gang membership; or (3) the student has been expelled or suspended from school for more than 10 consecutive days.

A nonresident district must provide written notification of the approval or rejection of the transfer request, including the reasons for any denial.  Parents may appeal decisions regarding release by the resident district, and decisions regarding acceptance by the nonresident district, to the OSPI.  After a review by the OSPI, parents may appeal to Superior Court.

If a student is allowed to enroll in a nonresident district, the student's attendance is credited to the nonresident school district of enrollment for state apportionment and all other purposes.

Summary of Substitute Bill:

School districts are required to allow children of full‑time certificated and classified employees to enroll: (1) at the school where the employee is assigned; or (2) at a school that feeds into the school where the employee is assigned; or (3) at a school in the district's K‑12 continuum that includes the school to which the employee is assigned.

A district may reject a transfer request from a nonresident student if: (1) the nonresident student has a history of convictions, violent or disruptive behavior, or gang membership; or (2) the student has been expelled or suspended from school for more than 10 consecutive days.

Appropriation:  None.

Fiscal Note: Not Requested.

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