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Much
ado about nothing
After
nearly two weeks of special session, it would be wonderful to
report the road home is clear. Unfortunately, the light isn’t
shining too brightly yet.
The
House returned April 26, passed a handful of bills that had
already been passed and, for the most part, went home. They
returned this week for another floor session, and the House
Ways & Means Committee held a full day of public hearings
and executive session Thursday, May 5.
Most
of the Senate also showed up for the start of special session,
holding short floor sessions nearly every day last week and
this week. The Senate Ways & Means Committee has held a
couple of public hearings, and finished business Thursday
before noon.
Both
the full House and Senate will be back Monday, May 9 for floor
action.
In
the meantime, budget negotiators for the
operating and capital budgets have been meeting, although
it isn’t clear from the public view how much agreement is
being made. We know there are compromise discussions going on,
but lawmakers and the Governor’s office are keeping mum about
specific details.
As
you like it
WSSDA
joined with WASA, AWSP, WEA and PSE to send a letter to
lawmakers last week that supported the House budget level (although not all the
details) for K-12 funding and asked legislators to consider
the cuts already sustained by public education as they seek to
make additional cuts this
biennium.
As
a quick summary, here are WSSDA’s main messages around the
House and Senate budget
proposals:
·
Support
full funding of LEA (a WSSDA legislative priority, included in
both budgets).
·
Support
the state making the funding decisions, not rolling their
budget problem down
to the district level.
·
Support
the way the Governor’s budget proposal handled the “hold
harmless” transition to the new formulas. If the policy
decision is to remove the concentration factors of high
poverty and high ELL populations, the Senate budget does a better job of holding
districts harmless than the House
calculations.
·
Oppose
the 3% K-12 salary reduction.
·
Oppose
eliminating school days as a way of balancing the state
budget.
·
Oppose
eliminating annual bus depreciation payments.
On
Tuesday, the Governor’s office announced that a tax amnesty
program brought in $182 million more than expected, for a
total of $263 million to the state general fund.
While
the “new” money has probably been spent six ways to Sunday,
Gov. Chris Gregoire proposed buying down the June
apportionment shift, which would result in less money to repay
the payment in the 2011-13 biennium and, hopefully, less cuts
to public schools funding.
The
buy-down in this fiscal year would also help cash-strapped
districts from trying to float money on June 30 to meet
payroll and other financial obligations. OSPI has agreed to
adopt an emergency rule that would allow school districts to
borrow money from other district funds, so that also should
relieve some pressure.
No
decision has been announced yet, but the unexpected cash
infusion may make it easier to close the philosophical and
dollar differences between the House and Senate spending
plans. Remember, the House relied on $300 million from the
privatization of the state’s liquor wholesale distribution
system, while the Senate presented an all-cuts budget.
The
tempest
As
most Olympia insiders know, what
gets caught up in the net of “end game” political machinations
doesn’t always have to be linked or make sense. That could be
the case with the capital budget, the bond bill, and worker’s
compensation reform.
What
does workers comp have to do with the capital budget or the bill that authorizes
the sale of bonds to pay for projects in the capital
budget? Votes.
While
the capital budget
only needs a simple majority to pass, the bond bill requires a
60 percent majority vote. House Republicans have indicated
they may withhold their votes on the bond bill unless they get
workers comp reform this session. (Workers’ compensation
supports workers who are injured on the
job.)
And
while nine House Democrats have signed onto bills that are
fully supported by the House Republicans – giving them the
edge to pass the concepts – they haven’t been able to get a
hearing or, through procedural motions, time on the floor for
debate.
Senate
Republicans and Democrats and the Governor are all supportive
of workers comp reform – the stumbling block is with some
House Democrats, and some are saying that legislators could
adjourn without a capital budget, or they might pass a
construction budget
that does not rely on bonds.
Some
programs, such as the school construction assistance account,
are funded with bonds and other revenues. If there is no
bond-driven capital budget, some of the school
construction projects in the OSPI pipeline could get funded,
although not all. School districts with projects for this
funding cycle may want to connect with their local legislators
on this latest wrinkle.
A
midsummer night’s dream
When
will they finish? Let’s hope this doesn’t drag into a second
special session and take us into June or longer.
Rumors
are flying about possible end dates, but no one really knows
for sure. The first special session ends May
25.
The
May 15 deadline to announce whether employment contracts will
not be renewed is quickly approaching and many school
districts have already taken steps to send out RIF notices.
According
to RCW 28A.405.210, school districts must notify certificated
staff in writing on or before May 15 if a contract won’t be
renewed. The exception is if the operating budget hasn’t been passed by the
legislature by May 15. In that case, the deadline for
notification slips to June 15, specifying the cause or causes
for contract nonrenewal.
The
next revenue forecast is mid-June and, as entertaining as the
state’s chief economist can be, most legislators don’t expect
good news from Dr. Raha.
Freshman
legislator Kris Lytton, D-Anacortes, introduced HB
2110 May 5, which would permanently put in
place a June 15 notification requirement if the legislature
has not passed the budget by the “end of the regular
session.”
Currently
the June 15 notification applies only if the legislature has
not passed the omnibus budget by May 15. This year has
been particularly problematic for school districts, with the
significant cuts proposed in both budgets, the level of state
budget uncertainty,
and a lack of consensus on K-12 funding levels.
The
bill will be heard Monday, May 9 at 9 a.m. in the Senate
Cherberg
Building,
hearing room 1.
While
the intent is laudable, whether the bill makes a difference
for school districts this year is not clear. Lawmakers would
have to act quickly to put a bill in place and have it signed
by the governor by the end next week to beat the May 15
deadline. As noted before, many districts have already taken
steps to approve resolutions for authority to RIF or sent out
notices.
WSSDA
is interested in what you think. School district directors
should email m.sullivan@wssda.org
with comments about whether this action will help your
district this year.
Measure
for measure
The
House Ways & Means Committee passed several bills this
afternoon, including HB
1131, which would suspend I-728 (class
sizes) and SHB
1132, which would suspend I-732 (COLAs).
Several
changes were made to the original HB 1132. One amendment would
include removing the “catch-up” provisions for all employees
who receive the I-732 COLAs. Another amendment removed the
language that limited eligibility for high-poverty school
bonuses for national board certified teachers.
A
final amendment related to compensation for education credits,
and would include on the salary funding schedule for 2011-12
and 2012-13 credits earned after October 1, 2010, with
compensation tied to conditions and limits in the
budget bill.
The
committee also adopted a substitute bill to HB
2065, which would apply to funding for
students enrolled in alternative learning experiences
(ALE). The House budget proposed calculating ALE
students at .8 FTE instead of 1.0 FTE.
The
substitute would define ALE programs to those that are
provided in whole or in part outside the classroom setting;
are supervised by a certificated teacher in the district or
under contract; is conducted according to a written learning
plan; and includes parent partnership programs, online
learning as defined by current law, and independent study
programs.
School
districts would be prohibited from paying parent stipends for
materials or activities in an ALE program, but materials could
be purchased as long as they remain the property of the school
district. In addition, students in ALE programs would be
required to receive one hour per week of face-to-face,
in-person instructional contact with a teacher.
Another
change would be beginning in the 2012-13 school year, state
funding for students in ALE online programs would need to be
provided by an online provider approved by SPI. The current
process applies only to “multi-district” online providers, but
not to school district programs that serve primarily students
of that district or regional programs offered by multiple
districts or ESDs.
Speaking
in favor of the striking amendment offered by committee chair
Ross Hunter, D-Medina, Shelton Democrat Kathy Haigh indicated
that she was aware there would be concerns about the impact of
the bill, and she was committed to working on ALE issues over
the interim.
School
districts are encouraged to review the amended language in SHB
2065 and to let their respective education
advocates know about any concerns, comments or suggestions.
The bill still needs to pass the House, and will move to the
Senate for discussion next.
The
Senate Ways & Means Committee took action Thursday on ESHB
1981, informally called the retire/rehire
bill. In an amendment adopted by the committee, PERS and TRS
Plan 1 members who have retired prior to September 1, 2011
will be “grandfathered in” and allowed to work hours above and
beyond 867 hours without a reduction in pension benefits.
Anyone retiring after that date will be held to the 867-hour
requirement.
A
bill with similar provisions, SB
5852, was introduced in the Senate, but
amended by the House Ways & Means Committee to hold all
PERS and TRS Plan 1 members to the 867-hour requirement. The
bill failed to pass the full House, returned to the Senate for
special session, passed the Senate 43-1 and has been referred
to the House Rules committee.
The
Senate fiscal committee had scheduled SB
5472 for executive action but failed to pass
the bill out today. This is the bill that would shift the June
apportionment payment from June 30 to July 1, 2011. It is most
likely linked to the amnesty “windfall.” Stay tuned.
Twelfth
night
Next
week’s schedule isn’t fully announced, although the House
Education Committee will convene Monday, May 9 to discuss
bills in addition to HB
2110.
Committee
Chair Sharon Tomiko Santos, D-Seattle, has worked hard to find
a proposal that will satisfy the naysayers but still provide
some relief to students faced with the science HSPE this
school year.
The
committee will hear a substitute to HB
1410. The substitute is expected to allow
some delay, but may also require an additional science course
if the student fails to pass the science assessment. WSSDA
will share the language with school directors when it becomes
available publicly.
Previously
the WSSDA board had agreed with the underlying bill that
delayed the requirement to pass the science assessment to high
school graduation, and supported end-of-course assessments.
The
committee also will hear HB
2115, concerning legislative review of
performance standards for the statewide student assessment.
The bill language is not available at the time of this report,
but probably will be available through the link tomorrow.
Not
scheduled, but also introduced May 5 is HB
2111, which would re-introduce specific
recommendations from the 2011 Quality Education Council report
to the Legislature.
Similar
to what the House passed as ESHB
1443, the new bill’s title is much tighter
than the previous measure, and would include the requirement
that school district board of directors adopt a policy that
defines a high school credit.
Under
HB
2111, WSSDA would work with the State Board
of Education to develop a model policy that school districts
may choose to adopt to meet the policy requirements. This
option would allow school districts to adopt the current
seat-time definition, or to consider competencies or other
options as long as it is clear how the student will have
gained the knowledge and skills necessary to earn the credit.
The
bill does not include the section that would have given school
districts a grace period to the 2014-15 school year for the
requirement to increase from 1,000 hours to 1,080 hours for
grades 7 through 12, and to 1,000 hours for grades 1 through
6. The underlying statute refers to an implementation schedule
defined by the legislature.
Sponsor
Marcie Maxwell, D-Renton, acknowledged the issue but said she
couldn’t fit it under the new bill title. She has pledged to
introduce a bill next session that will push out the
requirement.
All’s
well that ends well
Over
the past few weeks Gov. Chris Gregoire has been actively
signing bills. On education-related legislation, the veto pen
has remained silent. Here’s a quick summary of education or
school district-related bills that have been
signed:
2SHB
1163 – continues the bullying prevention
work group and would add mental health and suicide prevention
education to classroom-based assessments of health and
fitness.
SHB
1329 – creates a “Music Matters” special
license plate for purchase with funds dedicated to musical
education programs.
HB
1412 – allows students in the classes of
2013 and 2014 to pass one end-of-course math assessment to
meet graduation requirements.
ESHB
1421 – authorizes the Department of Natural
Resources to create and manage the community forest trust as a
separate category of nonfiduciary trust lands actively managed
to sustain working forest conservation objectives and create
revenue for the trust land beneficiaries.
SHB
1431 – requires OSPI to work with the ESDs
to develop a clear legal framework and process for dissolving
a school district on the basis of financial insolvency. The
report is due to the legislature by January
2012.
2SHB
1519 – requires OSPI to retool the current
portfolio requirements and develop a performance task-based
assessment for students with significant cognitive
disabilities.
HB
1521 – recognizes innovative public schools
and directs OSPI to develop criteria and a streamlined review
process to identify innovative Washington schools, and to
post information on innovative schools and links to on its web
site.
SHB
1524 – allows students who complete all
aspects of an International Baccalaureate Diploma Programme to
have met state minimum graduation requirements, although
school districts may require additional elements and some
state requirements still apply. School boards are encouraged
to waive other local graduation requirements.
ESHB
1546 – creates a process to designate
innovative schools and innovative zones, with an emphasis on
A-STEM (arts, science, technology, engineering, and math).
OSPI will create the process, school districts will apply to
ESDs, and ESDs will forward recommendations to OSPI.
Innovative schools or zones may have certain requirements
waived by OSPI or the SBE.
HB
1594 – encourages school districts to adopt
the national JumpStart standards for financial education and
provide an opportunity for students to master the standards.
SHB
1600 – encourages the Professional Educator
Standards Board to establish standards and adopt a specialty
endorsement for elementary math specialists, and encourages
school districts to use the specialists to teach math to all
levels in elementary schools.
ESHB
1636 – excludes services performed by
amateur sports officials from employment for unemployment
compensation purposes.
EHB
1703 – directs OSPI to write fiscal notes on
legislation that uniquely affects school districts when it is
practicable to do so within available resources.
SHB
1710 – directs OSPI to convene a working
group to develop a strategic plan for career and technical
education, with a progress report by December 2011 and a final
report by December 2012.
EHB
1730 – authorizes local governments,
including special purpose districts, to designate an employee
to accept an offer to purchase bonds as long as the entity has
passed an ordinance or resolution approving issuance of bonds.
ESHB
1790 – adds the option of “direct service
providers” to health care benefits that school districts may
offer to employees.
E2SHB
1808 – creates the “launch year,” whereby
high schools must set a goal of offering as many courses as
possible that will offer dual credit to students – enough to
earn one year’s worth of post-secondary credits for a college
or university.
SHB
1829 – establishes an “Indian Education
Division,” known as the Office of Native Education, within
OSPI.
SHB
1899 – changes the monetary penalties that
can be assessed against a violation of the public records act
to a range of zero to $100 for each day in
violation.
SB
5174 – encourages school districts to
prepare and conduct a program at least once a year to
commemorate the history of civil
rights.
SSB
5184 – allows school districts of 2,000 or
less students to submit condensed compliance reports to OSPI.
OSPI will develop the template that school districts may
use.
SSB
5239 – requires OSPI to set in rule a
definition of “resident” for the purposes of determining
allocation of federal forest funds. The rules must be adopted
by September 1, 2011; this bill applies to school districts
within Skamania County.
SSB
5392 – adds integration of technology
literacy and fluency as a part of goal three of the state
basic education student learning goals. This begins in the
2011-12 school year.
SSB
5428 – requires the Department of
Corrections to provide at least 30 days written notice to
schools when a person 21 years or younger is released from
total confinement and the person has committed a violent
offense, a sex offense, or the offense of stalking, and last
attended school in Washington.
A
few bills have been delivered to the Governor but have not
been scheduled for a bill signing yet.
These
include, but are not limited to: E2SHB
1599 – dropout prevention programs; ESHB
1635 – allowing written and driving tests to
be conducted by schools that offer driver’s education; E2SHB
1776 – licensing requirements for child care
centers located in publicly owned buildings; and 2SSB
5427 – using a kindergarten readiness
assessment process.
The
governor has 20 days after April 22, not including Sundays, to
act on bills that have been delivered to her in the regular
session.
When
the special session begins to wrap up, fiscal-related bills
will begin making their way to her desk for action.
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