WSSDA

Daily Legislative Update

by Dan Steele, WSSDA Director of Governmental Relations

For Thursday, January 27, 2010

Legislative committees continued to plow through education reform issues on Wednesday. This afternoon, the House Education Committee held a public hearing on the House version of the legislation to enhance Washington’s eligibility for federal Race To The Top funds. Unlike the Senate, which introduced an “omnibus” bill, SB 6696, as requested by Gov. Gregoire, the House chose to divide the issues into three separate bills: HB 3059, HB 3035 and HB 3038. In brief, the package of bills would do the following:

  • Establish a new teacher and principal evaluation system, with an emphasis on student learning
  • Extend of the provisional period for new teachers from two to three years, and provide additional teacher support.
  • Strengthen parent involvement and feedback.
  • Expand alternative certification providers for teachers and principals.
  • Implement a new system of district and school performance accountability, including authority for school turnarounds, known as “required action.”
  • Require movement to national common core standards.
  • Add “innovation” to teacher “TRI” pay, aimed at Science, Technology, Engineering and Mathematics (STEM) and the achievement gap.

WSSDA spoke specifically on the accountability bill, HB 3038. As we did in the Senate on SB 6696, we reminded Committee members that WSSDA helped drive discussions on the need for an education accountability system in 1993 when HB 1209 was adopted. HB 1209, broadly, had three steps: (1) establish high standards and assessments; (2) provide districts with additional flexibility and financial resources; and (3) hold districts and school accountable for student achievement. The first step has been accomplished and the second step has been consistently neglected, yet the Legislature continues to want to move to the accountability step. While we supported accountability in 1993 and continue to support accountability now, we reiterated our concern that schools and districts should not be held accountable when they are not given the opportunity to succeed. With that as a backdrop, we outlined some of our concerns with the new accountability system, as outlined in HB 3038. We limited our comments to three specific concerns:

  • Academic Performance Audits – We stressed that these audits need to be conducted by “experts” who understand the school system (specifically, Washington’s education system) and who understand local communities and local issues. Elected school directors, as leaders in local communities, should be a part of these audit teams.
  • Required Action Plans – We stated our concern that plans must be submitted to OSPI to ensure consistency with federal guidelines, and then must be submitted to the State Board for its acceptance or rejection. We suggested that the plans should only be required to “fit in the federal box” and SBE should not have veto authority over the plans. In additional to having an unnecessary extra step in the process, we mentioned that for the last few years, the State Board has consistently argued that the agency doesn’t have the time, the resources or staff to meet all its legislatively mandated requirements — and this just adds to the Board’s responsibilities.
  • Title I funds – The SBE originally discussed the withholding of Title I funds if a required action plan was not accepted. They backed off that idea and adopted a recommendation that SBE direct OSPI to redirect a district’s Title I funds, if a required action plan is not in place. We noted that local school boards make local decisions on behalf of its local constituents and federal funds due them should not be redirected by someone else. We stated our concern about the SBE having the authority to redirect Title I funds — and also questioned whether SBE should have the authority to direct another agency, OSPI, to redirect funds.

The Senate Ways & Means Committee held a work session on school district levy lids and Local Effort Assistance, then held a public hearing on the three levy-related bills as adopted earlier this week by the Senate Early Learning & K-12 Education Committee: SB 6502, SB 6488 and SB 6518.

  • SB 6502 would restore school district levy bases. The bill would enhance school district levy bases by assuming Initiative 728 (Student Achievement) and Initiative 732 (educator COLAs) were fully implemented by the Legislature. The I-728/I-732 levy base enhancement currently in law is set to expire at the end of calendar year 2011; SB 6502 would extend this sunset to December 2017. The bill would also allow K-4 class size enhancement funding to continue to be counted in the calculation of school district levy bases if the funding is eliminated (which is proposed in the governors two budget plans).
  • SB 6488 is the levy proposal we’ve discussed previously requested by Gov. Gregoire. The bill would temporarily (calendar years 2011-2017, as amended in the Senate Ed Committee) increase all school district levy lids to 36 percent and allow districts to request a “supplemental” levy from voters if they already had a levy in place and were in the middle of a levy collection period. The bill would also increase the allocation for Local Effort Assistance from the current 12 percent levy rate to an 18 percent levy rate, but ONLY for the top quartile of those districts with the highest rates necessary to raise a 12 percent levy (the remaining LEA eligible districts would continue to receive the current 12 percent match). Finally, the bill also includes the I-728/732 levy base restoration through calendar year 2017. As amended by the Senate Ed Committee, the bill would also allow K-4 class size enhancement funding to continue to be counted in the calculation of school district levy bases if the funding is eliminated.
  • SB 6518 would temporarily (calendar years 2011-2017) increase school districts’ levy lid to 28 percent (grandfathered district lids would also increase by four percent) and allow districts to request a “supplemental” levy from voters if they already had a levy in place and were in the middle of a levy collection period. The bill would also temporarily increase LEA allocations to 14 percent for all LEA eligible districts through calendar year 2017. Finally, the bill also includes the I-728/732 levy base restoration for levy collections through calendar year 2017. As amended by the Senate Ed Committee, the bill would also allow K-4 class size enhancement funding to continue to be counted in the calculation of school district levy bases if the funding is eliminated.

As we did in the Senate Ed Committee, we supported the levy base restoration in SB 6502 (as well as the levy base restoration in SB 6488 and SB 6518). We strongly opposed SB 6488, arguing that the levy lid increase goes too far and the increase in LEA only assists some of those districts that need additional assistance. We argued that solutions should be found for all 295 districts — for all one million students — and not just solutions for those select districts that can raise money on their own or those few districts on the other end of the scale.

In testimony on SB 6518, we expressed our historical position of opposing increases in the levy lid because: boosting the local levy lid relieves the pressure on the Legislature to fulfill its constitutional obligation to fully fund Basic Education; and increasing the levy lid serves to exacerbate the current inequities between the so-called “property rich” and the so-called “property poor” districts. It is clear, however, that given the financial distress in which most districts find themselves, some type of emergency assistance is needed. And given the state’s financial woes, it is clear the Legislature will not provide the needed support any time soon. The only option currently on the table is an increase in the levy lid. So, with much reluctance, we (along with WASA) supported SB 6518. We made it clear that our support of the bill was very much conditional: (1) the levy lid increase in the bill must remain temporary; and (2) the enhancement in Local Effort Assistance (for ALL eligible districts) must remain.

Questions have been raised about why WSSDA took this position. WSSDA’s Standing Legislative Position states our ongoing opposition to increasing the levy lid; however, it also states that if an increase in the levy lid is adopted, a commensurate increase in LEA must be included. Legislators know they don’t have the resources to assist districts and the governor and many key legislators are desperately looking for a way to help struggling school districts. Their “solution” is to allow school districts to help themselves by forcing districts to go back to their local voters for more support (the same “solution” is being used with struggling cities and counties: letting them help themselves by raising their own local funds). Given the circumstances, it seems to be inevitable that the levy lid WILL be increased. The questions are: How much? How long? And coupled with what?  With a presumed increase in the levy lid, WSSDA’s leadership felt it was a more realistic and strategic approach to support SB 6518 (with conditions) and be a part of the discussion, rather than yelling, “No” and being excluded from the conversation. Our conditional support of SB 6518 allows us to strongly advocate for maintained and enhanced funding for LEA — and provides us with the credibility to strongly oppose the governor’s plan to assist only a minority of the “rich” districts and a minority of the most “poor” districts, while doing nothing (excepting exacerbating disparities) for the remaining majority of school districts.

Finally, today the House Environmental Health Committee held a public hearing on one bill of interest to school directors: HB 2818. The bill would require state agencies to purchase and use cleaning products which have properties that minimize potential impacts to human health and the environment. School districts are specifically defined as “state agencies” for the purposes of this bill. We testified in opposition to the bill, stating that we understood the intent of the bill; however, we argued that 295 independently governed school districts operate much differently than a state agency and we questioned the potential list of unfunded mandates that may come with the bill’s requirements. HB 2818 specifically exempts “local governments” from the provisions of the bill, although they would be “encouraged” to review their purchasing practices. We requested, if the bill moves forward, school districts be removed from the definition of state agency and be included in the local government category.

WSSDA Legislative Report Index

WSSDA legislative reports are prepared by WSSDA's Governmental Relations staff team: Dan Steele (360.252.3010) and Sheila Chard (360.252.3011). We welcome your questions and comments. We also encourage school directors to keep in touch with their legislators on a regular basis. If you need contact information, visit the Legislature's District Lookup Tool. WSSDA also provides a number of links to key House and Senate committees.