WSSDA

Daily Legislative Update

by Dan Steele, WSSDA Director of Governmental Relations

For Monday, February 15, 2010

In Friday’s Update (Feb. 12), we neglected to report on an important work session in the House Education Committee regarding “school district organization” (read: consolidation). We reported early in the session about the introduction of HB 2616. In short, HB 2616 would require the establishment of a commission to recommend how to reorganize the state into no more than 150 school districts. The number and a reorganization of the state’s Educational Service Districts would have also been apart of the commission’s recommendation duties. Early in the session, the bill was scheduled for a public hearing in the House Education Committee. Following conversations with Rep. Dave Quall, Chair of the Committee, the bill was pulled from the agenda, with no intention of adding the bill back at a later date. In pulling the bill, however, Rep. Quall made it clear that he was interested in further exploring the consolidation issue. That discussion was the focus of Friday’s work session.

The work session started with a general history of school district organization, with Committee staff noting that there were almost 3,000 school districts in the state in the early 1900’s. Following massive school district consolidation in the 1930’s and 1940’s, the number of districts dwindled to 591 in 1950. Still more consolidation occurred over the next 20-30 years, leaving 322 school districts in 1970 and 300 school districts in 1980. Since that time only five school districts have been consolidated, bringing us to the current level of 295 school districts. Committee staff also reviewed the size of school districts — over 60 percent (184) of Washington school districts enroll fewer than 2,000 students, while more than half of the state’s students attend a school district with more than 10,000 students.  Interestingly, staff made the point that Washington is very similar to the nation as a whole in its distribution of students across school districts of various sizes. (To see this presentation, go to the Legislature’s Electronic Bill Book; click on 2/12/2010; Work Session; School District Organization; Staff Overview.)

Following the staff overview, representatives of the Joint Legislative Audit & Review Committee gave a brief update on the study they are currently conducting, regarding School District Cost and Size. Their presentation included the study’s scope and objectives. This study is scheduled to be completed in June 2010.

Committee staff had earlier invited school directors and the ESDs to present to the Committee and close the work session. Representing school directors were Kathleen Anderson, school director from Coupeville and a member of WSSDA’s Small Schools Task Force, and Kevin Laverty, school director from Mukilteo and WSSDA’s current president. Both did an excellent job (in the short time they were provided) in reminding Committee members that forced school district consolidation can have long-lasting negative impacts on the communities involved. Additionally, they noted the positive research on graduation rates and other student achievement data in our small school districts. Both Anderson and Laverty, along with Dr. Bill Keim, Superintendent ESD 113 (Olympia), drove home the point that before that state forces consolidation on any district, there should be a clear and compelling state interest and there should be strong evidence that the consolidation “solution” offers real and measurable improvement in the lives of the students and communities affected. Audio of the work session is archived on TVW Web site; the discussion of school district organization begins at 1 hour and 22 minutes into the hearing.

It is clear that HB 2616 will not move this year; however, the issue of school district consolidation will continue to be a hot issue. It is likely that legislation similar to HB 2616 will be introduced next year.

On Saturday, Feb. 13, both the House and Senate held lengthy floor sessions and both bodies took action on important education-related legislation. The House adopted the following bills: HB 2776, HB 2893, HB 2670, HB 2913, HB 1162, HB 3026, HB 1757, HB 1697 and HB 2580.

  • HB 2776 would adopt new funding distribution formulas for K-12 education. This QEC-related bill would begin the implementation of last year’s HB 2261 (Basic Education finance reform) by attaching numerical values to allocations in the prototypical school funding formula. The bill was adopted with a vote of 73-23 and moves to the Senate for action.
  • HB 2893 would increase school district levy lids by four percent, increase Local Effort Assistance by two percent, and restore school district levy bases. Prior to being adopted by the House Education Appropriations Committee, the bill was amended. There were technical amendments and also a major policy decision. A “reverse severability” clause was added to the bill, which declares that each section of the bill represents a comprehensive plan for addressing school levy laws such that if any section passed by the Legislature is invalidated or not signed into law, or if OSPI does not certify that full funding has been appropriated for the LEA rates in the bill, the entire act is null and void. Given this strong amendment and the discussion on the floor, it is clear that there is no intention (at least in the House) of increasing the levy lid without also increasing LEA. Continuing to be controversial, the bill was adopted by the House with a 55-41 vote and moves to the Senate for action. HB 2893 has already been scheduled for a public hearing in the Senate Early Learning & K-12 Committee on Wednesday, Feb. 17.
  • HB 2670 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; HB 2670 would extend this sunset to December 2017. The bill would also allow K-4 class size enhancement funding to continue to be counted in calculation of school district levy bases if the funding is eliminated. The previous bill, HB 2893, includes the same language regarding levy bases. Both bills continue to move to help ensure that legislation can be adopted to restore levy bases, even if “the wheels fall off” and a levy lid/LEA increase cannot be adopted. The bill was adopted with a vote of 93-3. It has been scheduled for a public hearing in the Senate Early Learning & K-12 Committee on Wednesday, Feb. 17.
  • HB 2913 would authorize innovative interdistrict cooperative high school programs. Sponsored by Rep. Kathy Haigh, the bill would allow nonhigh districts to establish “Innovation Academies” to provide local options to their high school age students. The bill passed the House with no dissenting votes and awaits action by the Senate.
  • HB 1162, a returning bill from last year, would create a Social Emotional Learning Public-Private Partnership Account to promote and encourage incorporation of Social Emotional Learning into basic education instruction in public schools. The bill was passed with a vote of 59-35. It has been scheduled for a public hearing in the Senate Early Learning & K-12 Committee on Thursday, Feb. 18.
  • HB 3026 would add a new chapter to the school code paralleling the current Sexual Equality chapter and prohibiting discrimination on the basis of race, creed, color, national origin, sexual orientation, religious affiliation, veteran or military status, disability, or the use of a trained guide or service animal by a person with a disability. Additionally, OSPI would be: charged with developing rules and guidelines to eliminate such discrimination; and authorized to enforce compliance. The bill was adopted with a vote of 59-35. HB 3026 has been scheduled for a public hearing in the Senate Early Learning & K-12 Committee on Thursday, Feb. 18.
  • HB 1757 would create a Small School District Contingency Fund to provide three-year loans to small school districts in financial distress.  The bill was adopted with no dissenting votes. It has been scheduled for a public hearing in the Senate Early Learning & K-12 Committee on Wednesday, Feb. 17.
  • HB 1697 would provide clarifications regarding what career and technical student organizations must do in order to be eligible for staff support and assistance from OSPI.  The bill passed the House with no dissenting votes and awaits action by the Senate.
  • HB 2580 would allow a high school skills center to request assistance from the State Board for Community and Technical Colleges if it believes a college is not following the law which requires colleges to recognize dual credit agreements for secondary career and technical education courses. The bill was adopted by the House with no dissenting votes and awaits action by the Senate.

On Saturday, the Senate adopted one education-related bill: SB 6702. SB 6702 would provide for a program of education for juveniles confined in adult jail facilities. It was adopted by the Senate with a vote of 38-8 and has been scheduled for a public hearing in the House Education Committee on Friday, Feb. 19.

Both the House and Senate took a break on Sunday, but had full agendas again on Monday. At the time this Update was being prepared, the Senate had adopted three bills of interest to school directors: SB 6759, SB 6367 and SB 6778.

  • SB 6759 would require a plan for a voluntary program of early learning as a part of basic education. The Senate adopted the bill with no dissenting votes and awaits action in the House.
  • SB 6367 would allow public agencies (including school districts) to respond to public records requests by providing an internet address where the responsive records can be found on the agency’s Web site. There remains an allowance for requestors to ask for and receive hard copies of documents from the agency if the requestor cannot access records through the internet. The bill passed the Senate with no dissenting votes and awaits action in the House.
  • SB 6778 would allow an alternative route to a high school diploma. If a student completed the minimum course requirements for admission to a public four-year higher education institution, attained at least a 3.0 cumulative grade point average in those courses and completed a culminating project and a high school and beyond plan, they would be awarded a high school diploma. A floor amendment added a requirement that students must also successfully complete one occupational credit. These students would not be required to earn a Certificate of Academic Achievement or a Certificate of Individual Achievement in order to graduate. The bill was adopted by the Senate with a vote of 35-12 and has been scheduled for a public hearing in the House Education Committee on Friday, Feb. 19.

Today the House had taken action on one education-related bill at the time this Update was prepared. With no dissenting votes, the House adopted HB 2759. HB 2759 would exclude from school districts' levy bases state or federal allocations that are based on non-resident students enrolled in an online school program. This bill is intended to keep school districts from starting online school programs for financial motives, rather than for academic purposes.

Both the House and Senate are expected to work late tonight in an effort to adopt priority legislation prior to Tuesday’s 5:00 pm “house of origin” cut-off deadline. We will report on any additional education-related action in tomorrow’s Update.

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.