SENATE BILL REPORT

SB 5958

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Majority Report: That Substitute Senate Bill No. 5958 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

Signed by Senators Litzow, Chair; Dammeier, Vice Chair; McAuliffe, Ranking Member; Rolfes, Assistant Ranking Member; Billig, Brown, Cleveland, Fain, Hill, Mullet and Rivers.

Majority Report: That Second Substitute Senate Bill No. 5958 be substituted therefor, and the second substitute bill do pass.

Signed by Senators Hill, Chair; Baumgartner, Vice Chair; Honeyford, Capital Budget Chair; Hargrove, Ranking Member; Keiser, Assistant Ranking Member on the Capital Budget; Ranker, Assistant Ranking Member on the Operating Budget; Bailey, Becker, Billig, Braun, Conway, Dammeier, Fraser, Frockt, Hasegawa, Hatfield, Hewitt, Kohl-Welles, Parlette, Rivers, Schoesler and Tom.

Background: Currently, the Office of Superintendent of Public Instruction (OSPI) has an interagency program agreement with the Division of Vocational Rehabilitation and the Department Services for the Blind for implementation and assignment of responsibility for each agency as to its role in coordinating transitions for students who are eligible for special education services under the Individuals with Disabilities Education Act.

OSPI offers transition services as a component of an Individualized Education Program starting at age 16, which is consistent with federal law. OSPI must provide post-high school data to the U.S. Department of Education each year on post-high school outcomes for special education services students. OSPI also works with the Center for Change in Transition Services, housed at Seattle University, to track and report on post-school outcomes for special education services students.

The Education Research & Data Center (ERDC) is located in the Washington State Office of Financial Management. Along with ten agencies representing education and employment and the Legislative Evaluation and Accountability Program committee, ERDC analyzes early learning, K-12, higher education programs, and workforce issues across the P-20 system.

Summary of Bill (Recommended Second Substitute): OSPI must establish interagency agreements with agencies that provide high school transition services for individualized education plan eligible special education students. The purpose of the interagency agreements is to foster multiagency collaboration to provide transition services for special education students from the beginning of transition services through age 21 or high school graduation, whichever occurs first. However, interagency agreements entered into by OSPI must not interfere with existing individualized education programs, nor override any individualized education program team's decision-making power.

Also, the agreements are intended to streamline services and programs, promote efficiencies, and establish a uniform focus on improved outcomes related to self sufficiency. However, transition services plan development in addition to what already exists in law is not required.

ERDC must monitor a number of outcomes for special education students after high school graduation, to the extent that data is available through data-sharing agreements established by ERDC. OSPI must prepare an annual report on the data and outcomes and submit the report to the Legislature within existing resources.

EFFECT OF CHANGES MADE BY WAYS & MEANS COMMITTEE (Recommended Second Substitute): Removes OSPI's requirement to collaborate with PESB to build into existing and ongoing educator requirements that special education teachers and school psychologists receive certain training. Removes OSPI's requirement to attempt to collect data through a single communication after a student's graduation. Requires OSPI to draft a certain annual report using existing resources. Clarifies that the act is applicable to individualized education plan eligible special education students.

EFFECT OF CHANGES MADE BY EARLY LEARNING & K-12 EDUCATION COMMITTEE (Recommended First Substitute): Provides that the interagency agreements entered into by OSPI must not interfere with existing individualized education programs, nor override any individualized education program team's decision-making power.

Staff Summary of Public Testimony on Original Bill (Early Learning & K-12 Education): PRO: Interagency collaboration is very important. Last year the Legislature funded slots for transition services. This bill will help students find out about those slots and services.

OTHER: We want clarification in the first section dealing with the Department of Social and Health Services. There are laws that already provide these services. Some students choose not to engage in these services. We want to clarify the language in two sections. How would this training work with existing employees?

Staff Summary of Public Testimony on Recommended First Substitute (Ways & Means): PRO: This bill helps developmentally disabled high school students with employment. The fiscal note can be reduced to $43,000 for the Office of Financial Management to obtain the new information and distribute. Training teachers can be delayed until another time. We want existing information to be shared.