S-0509.1  _______________________________________________

                         SENATE BILL 5584

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators McAuliffe, Eide and Kohl‑Welles

Read first time 01/26/2001.  Referred to Committee on Education.

Contracting for services performed by classified employees.

    AN ACT Relating to contracting for services performed by classified employees; and amending RCW 28A.400.285.

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

    Sec. 1.  RCW 28A.400.285 and 1997 c 267 s 2 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 and retirement benefits that are ((similar to)) at least the same value as 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.  The contract shall also contain a specific clause requiring the contractor to provide to the office of the superintendent of public instruction the same employee information that a school district or educational service district is required to provide.

    (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 a contract is for services performed by classified school employees 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.

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