BILL REQ. #:  H-1758.1 

Read first time 02/09/2007.   Referred to Committee on Education.

     AN ACT Relating to providing rental housing for certificated and classified employees of public schools; amending RCW 28A.400.200 and 28A.400.270; adding a new section to chapter 28A.335 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that in many parts of the state the cost of housing has increased substantially and many public school teachers, particularly new teachers starting their teaching careers, have difficulty finding housing that is affordable for them. Classified school employees may also have a difficult time finding housing that is located in the school district. The legislature intends to allow school districts the option of renovating existing surplus school district buildings to convert those buildings into rental housing that is affordable for full-time employees, particularly teachers, of the district.

NEW SECTION.  Sec. 2   A new section is added to chapter 28A.335 RCW to read as follows:
     (1) Any school district board of directors is authorized to renovate or convert existing surplus building or buildings owned by the district into rental housing for full-time certificated instructional staff employed by the district and other eligible persons, as provided in subsection (3) of this section. Districts may use capital project funds or general funds for the purposes of this section.
     (2) School district boards of directors may contract with one or more nonprofit or for-profit organizations to renovate, maintain, and manage the rental housing owned by the district under this section. In planning, renovating, and managing rental housing owned by the district, districts are encouraged to collaborate with community-based nonprofit organizations that have housing development and management experience.
     (3) A school district that offers rental housing under this section shall develop a fair and objective selection process for approving tenants for available housing. If demand for the rental housing exceeds the supply of housing offered by the district, the district may base its approval process on factors including, but not limited to, applicants' total household income and the number of years of employment with the district. Priority for rental housing shall be given to the following eligible persons in the following order:
     (a) Full-time certificated instructional staff employed by the district;
     (b) Full-time classified school employees employed by the district;
     (c) Full-time certificated instructional staff employed by a district other than the district that owns the housing; and
     (d) Full-time classified school employees employed by a district other than the district that owns the housing.
     (4) The school district board of directors shall establish the rental amount for each housing unit offered for rent by the district. However, in no instance may the rental amount be greater than the fair market rental value of the unit.
     (5) Any district that provides housing under this section shall annually report to the superintendent of public instruction and the department of community, trade, and economic development regarding use of the district's housing program. The information in the report shall include the percentage of housing units rented to district certificated and classified employees, the vacancy rate of the district-owned housing, and other information requested by the superintendent of public instruction or the department of community, trade, and economic development. The department of community, trade, and economic development shall develop performance measures that school districts must include as part of their annual reports under this subsection.

Sec. 3   RCW 28A.400.200 and 2002 c 353 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 statewide 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 statewide salary allocation schedule for an employee with a masters degree and zero years of service;
     (3)(a) The actual average salary paid to certificated instructional staff shall not exceed the district's average certificated instructional staff salary used for the state basic education allocations for that school year as determined pursuant to RCW 28A.150.410.
     (b) Fringe benefit contributions for 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; rental of district-owned housing as provided in section 2 of this act; 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 shall be consistent with the salary and benefits paid to certificated instructional staff in the basic education program.
     (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.

Sec. 4   RCW 28A.400.270 and 1990 1st ex.s. c 11 s 4 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28A.400.275 and 28A.400.280.
     (1) "School district employee benefit plan" means the overall plan used by the district for distributing fringe benefit subsidies to employees, including the method of determining employee coverage and the amount of employer contributions, as well as the characteristics of benefit providers and the specific benefits or coverage offered. It shall not include coverage offered to district employees for which there is no contribution from public funds.
     (2) "Fringe benefit" does not include liability coverage, old-age survivors' insurance, workers' compensation, unemployment compensation, retirement benefits under the Washington state retirement system, rental of district-owned housing as provided in section 2 of this act, or payment for unused leave for illness or injury under RCW 28A.400.210.
     (3) "Basic benefits" are determined through local bargaining and are limited to medical, dental, vision, group term life, and group long-term disability insurance coverage.
     (4) "Benefit providers" include insurers, third party claims administrators, direct providers of employee fringe benefits, health maintenance organizations, health care service contractors, and the Washington state health care authority or any plan offered by the authority.
     (5) "Group term life insurance coverage" means term life insurance coverage provided for, at a minimum, all full-time employees in a bargaining unit or all full-time nonbargaining group employees.
     (6) "Group long-term disability insurance coverage" means long-term disability insurance coverage provided for, at a minimum, all full-time employees in a bargaining unit or all full-time nonbargaining group employees.