HOUSE BILL REPORT

SSB 5333

As Amended by the House

BYSenate Committee on Education (originally sponsored by Senators Gaspard, Bailey, Smitherman, Johnson, Stratton, Conner, Bauer, Kiskaddon, Hayner, Bottiger and Benitz)

Giving all members on the state board of education the authority to vote.

House Committe on Education

Majority Report:  Do pass with amendments.  (16)

      Signed by Representatives Spanel, Vice Chair; Appelwick, Betrozoff, Butterfield, Cooper, Ebersole, Fuhrman, Holland, Holm, P. King, Pruitt, Rasmussen, Schoon, Todd, Valle and Walker.

Minority Report:  Do not pass.  (3)

      Signed by Representatives Cole, Rayburn and Rust.

House Staff:Susan Patrick (786-7111)

AS PASSED HOUSE MARCH 3, 1988

BACKGROUND:

The State Board of Education is comprised of 18 members.  Two voting members from each congressional district are elected by the boards of directors of the school districts within the respective congressional districts.  One nonvoting member is elected at large by the boards of directors of all approved private schools in the state.  The Superintendent of Public Instruction is an ex officio member by virtue of his/her office and may vote only when action on a matter cannot be resolved without his/her vote.

SUMMARY:

The private school member of the State Board of Education will not vote on issues directly affecting public schools.  Any dispute about whether an issue has a direct effect on public schools will be resolved by a majority vote of the Board.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Carl Fynboe, Washington Federation of Independent Schools; Harry Peterson, State Board of Education; and Mary Schwerdtfeger, State Board of Education.

House Committee - Testified Against:      Jerry Sheehan, American Civil Liberties Union.

House Committee - Testimony For:    The private schools must respond to the directives of the State Board of Education.  It is important that the private school representative vote on those issues which effect private schools.  The issue of whether or not the president of the State Board is the Superintendent of Public Instruction is of no special interest to us.  We are most concerned about the equity issue of allowing those effected to have a vote in determining their own destiny.

House Committee - Testimony Against:      Although the Attorney General has issued an opinion indicating that there is no problem in giving the private school member a vote, we believe that there is conflict.  This is a separation of church and state issue.  There is the potential for the private school member to have the deciding vote on regulations that effect public schools.  Since many of these schools are religious schools, there is a separation of church and state issue of serious consequence.