By Marie Sullivan, legconsultant@wastatepta.org
You can access the Week 3 Bill Tracker here.
The Senate Early Learning & K-12 Education Committee heard testimony on four bills related to what is being informally called “The Big 3.” These bills seek to close the funding gaps that have widened in three specific basic education and constitutionally protected areas: student transportation, special education, and costs to operate schools (Materials, Supplies and Operating Costs, or MSOC).
With more than one hundred signed up to testify on any one of the bills, committee Chair Lisa Wellman of Mercer Island tried to hear from as many people as possible, shifting from in-person panels to remote testimony. No one spoke against any of the measures, although many raised points they hoped the committee would consider if amending and moving the bill forward.
Three of the four bills have been scheduled for a vote Thursday, January 30 at 10:30 AM. Here’s a quick summary of the bills, what they would do, and which ones are scheduled to advance:
- SB 5187 would direct OSPI to update the student transportation funding formula (report due June 1, 2028) and immediately increase funding by a rate of $400 per student qualifying under the federal McKinney Vento Act (students who are homeless).
- Washington State PTA Board Secretary Melissa Stone asked committee members to move up the 2028 date for the OSPI report, saying three years of continued underfunding was too long. She also asked the committee to add another highly mobile population to the immediate stipends – students in the foster care system – and to add in students with disabilities that require special transportation.
- OSPI’s Tyler Muench shared that the agency didn’t need to wait three years but was ready to go and provide funding formula ideas.
- Other testifiers shared the challenges related to the underfunding of student transportation.
The bill is scheduled for executive action and will be sent to the Senate Ways & Means Committee.
- SB 5192 would increase the MSOC allocation to school districts. The bill collapses the funding allocation by category to a single lump sum and would require school districts to report to OSPI how the funds are spent by each category. The bill also would change from an annual per student allocation to a three-year FTE student average and would add the Implicit Price Deflator (IPD) as an annual inflationary adjustment. The new funding would begin in the 2025-26 school year.
- Large and small districts testified to the serious need to address the significant gap between what the state sends out in MSOC funding and what it actually costs to operate schools. Specifically, districts mentioned the high costs of insurance, utilities, technology and curriculum.
- No changes were suggested to the bill.
SB 5192 is scheduled for executive action and will be sent to the Senate Ways & Means Committee.
Two bills on special education funding were covered in the hearing. SB 5263 has been scheduled for executive action but we should expect elements of SB 5307 to be incorporated before advancing.
- SB 5263 would remove the enrollment cap for special education; increase the multiplier to 1.5 x the basic education allocation, regardless of classroom placement; and reduce the safety net threshold to 1.5 or about $27,000-$30,000, depending on how the multiplier discussion ends up. The bill would take effect for the 2025-26 school year.
- Bill sponsor Seattle Democrat Jamie Pedersen shared why he was bringing forward the legislation this year and prioritized removing the cap, lowering the safety net threshold and increasing the multiplier. Pedersen said the size of the multiplier increase would be based on what the budget could afford and is “dial-able.” In other words, it starts high and could be decreased based on available revenues. He also said he liked the quarterly payments to support cash flow that was in SB 5307.
- Testimony was positive, but the Highline superintendent said he would prefer the two-tier multiplier to encourage inclusion. Others shared that it wasn’t a huge incentive and that a student’s placement in a general education class was largely dependent on the student’s IEP (Individualized Education Plan) and the desire of the parent or legal guardian.
- Melissa Stone of Washington State PTA asked the committee to consider adding a section in the bill or as a budget proviso for inclusionary practices professional development for all school building staff and to support coursework for students in teacher preparation programs.
- SB 5307 is OSPI-request legislation. The bill would remove the enrollment cap; increase the multiplier based on classroom placement; and reduce the safety net threshold to 1.5. The bill would require OSPI to distribute safety net awards to school districts on a quarterly basis under certain criteria, including if the district successfully applied for and received a safety net award for the high-cost student in a prior school year and the student’s placement had not changed since the award was granted. The bill also would give OSPI a percentage of the total funding for monitoring, reviewing and reporting of disproportionate identification of students, and to offer technical assistance and promote inclusionary teaching practices.
- Speakers gave high marks to the way the bill adds quarterly payments to help with cash flow during the school year and making access to the safety net easier.
SB 5263 is scheduled for executive action, and elements of SB 5307 are expected to be blended into it during the committee markup.
NOTE: The Association of Educational Service Districts has created a nifty Data Dashboard on the Big 3, using 2022-23, 2023-24 and 2024-25 school year data for each school district in each of the categories and rolling up the statewide deficit. Access this amazing tool here.
House action on the Big 3
The House Appropriations Committee has scheduled three special education funding bills for January 30 at 4 PM. Bills related to MSOC (HB 1338) and student transportation (HB 1579) have been introduced but are yet to be scheduled for a hearing.
Here’s a quick summary of the special education bills:
- HB 1310 is Seattle Democrat Rep. Gerry Pollet’s companion SB 5307 mentioned above, so the language is identical.
- HB 1357 would slightly bump up the multiplier and create a grant program to fund up to 25 districts for a pilot program on inclusionary practices. The bill does not address the enrollment cap or the safety net but does add a new multiplier to support infants and toddlers (birth through three years old), which got a shout out in the Senate hearing on the special education bills.
- HB 1267 would phase out the enrollment cap and remove it for all school districts by the 2028-29 school year. The cap would be immediately removed for school districts with fewer than 2,500 students or districts where 10% of student enrollment has been identified as having a military parent.
In addition, the bill would require OSPI to determine whether districts and charter schools are overidentifying students as eligible for special education or “overproviding” special education services to students beyond what is required by the Individualized Education Program. When OSPI determines overidentification or overproviding services, then OSPI must intervene and establish a corrective action plan for the district or charter school. It also would set up a state audit requirement in the following year for compliance.
LAP bill touted as more equitable approach to High-Poverty LAP funding
The Senate education committee also held a public hearing on SB 5120, which would replace the single 50% threshold for high poverty Learning Assistance Program (LAP) funds with a three-tiered approach, beginning in the 2026-27 school year.
In addition to the 2.3975 hours per week in extra instruction for all LAP students, the new tiers would increase by:
- 2.2 hours per week for Tier 1 schools, defined as a school in which the three-year rolling average of the prior year total annual average enrollment that qualifies for free or reduced price meals is equal to or exceeds 70% of its total annual average enrollment;
- 1.6 hours per week for Tier 2 schools, defined as above for schools between 50% – 69.9%;
- 0.4 hours per week for Tier 3 schools, defined as above for schools between 30% – 49.9%.
For the 2025-26 school year, currently eligible high-poverty LAP schools would get an increase from 1.1 hours per week to 1.6 hours per week.
Testifiers spoke positively about the equity related to this proposed new formula. It has not been scheduled for a vote at the time of this report. A fiscal note for the bill puts the cost at $178.8 million this biennium and $277.7 million in the 2027-29 biennium.
Other Top 5 priorities
Addressing the Student Mental Health Crisis
Several bills have been introduced, including ones recommended by the Children & Youth Behavioral Heath Work Group, to address this critical issue facing students.
Washington State PTA has been signing in as support and will be testifying next week on SB 5126, directing OSPI to establish strategic direction and goals for statewide programming to strengthen the capacity of school districts and provide state-level coordination to promote student mental well-being. The bill is scheduled for a hearing in the Senate Early Learning & K-12 Education Committee Wednesday, January 29 at 10:30 AM. The companion bill – HB 1547 – was referred to the House Education Committee and is not scheduled yet.
SB 5369 would increase the prototypical school funding formula for school social workers. The bill is sponsored by Senator Tina Orwall, D-Des Moines, and has been scheduled for a public hearing in the Senate education committee also on January 29th.
Addressing Funding, Inclusion and Supports in Special Education
Special education funding bills have been described above. Additional bills that have been introduced include:
- HB 1051, permitting the recording of Individualized Education Program team meetings. The bill is sponsored by Aberdeen Republican Jim Walsh and has not been scheduled for a public hearing.
- HB 1241, improving access to and provisions of a Free Appropriate Public Education for students with disabilities was introduced by Seattle Democrat Gerry Pollet. The bill is a broadly ranging bill designed to improve engagement and communications with parents of students with disabilities. The bill would direct OSPI to distribute up to $2 million to the state’s Educational Service Districts to make school psychologists and other providers with expertise in categories of disabilities available to conduct initial evaluations and re-evaluations. The bill has been referred to the House Education Committee.
- HB 1528 is OSPI-request legislation and directs OSPI to develop and maintain a statewide online system for IEPs. The bill’s stated purpose is to provide a uniform, centralized platform for creating and managing IEPs; ensure compliance with state and federal education requirements; improve the efficiency and effectiveness of IEP development and oversight; and improve educator collaboration and educational outcomes by aligning individualized supports and services with evidence-based instructional practices. The bill has also been referred to House Education but has not been scheduled.
Preventing and Reducing Gun Violence and Suicide
Another hot topic this session, both the House and Senate have many bills designed to prevent and reduce gun violence and suicide. Look for some testimony on key bills under Advocacy in Action or refer to the Bill Tracking List.
Expanding School Construction Funding Options
The Senate Early Learning & K-12 Education Committee held a public hearing the first week of session on SB 5186 and SJR 8200, dropping the threshold to pass bonds from 60% to 55%. Both bills had positive hearings, with testifiers sharing a preference for simple majority but support for a lower threshold. The measures have not been scheduled for a vote at the time of this report.
Over in the House, HB 1032 and HJR 4201 would lower the threshold to pass a bond to a simple majority. The bills were referred to the House Education Committee and are not scheduled for a public hearing.
Other bills on the Watch List
HB 1285 (Rude) and SB 5080 (Valdez, request of State Treasurer) take different approaches but would encourage financial education to be a component of high school graduation.
HB 1285 was heard last week in the House Education Committee. The bill would require high school students, beginning with the graduating class of 2031, to meet the high school state financial education learning standards to graduate. The bill does not specify how the district ensures a student would learn the content but requires school districts with high schools to begin instruction in the state financial education learning standards, beginning or before the 2027-28 school year.
SB 5080 would require that students meet the state learning standards for financial education to graduate, beginning with the graduating class of 2033. The bill is scheduled for a public hearing in the Senate Early Learning & K-12 Education Committee Tuesday, January 28th at 8 AM.
Advocacy in Action
- WSPTA Advocacy Committee member Natalya Yudkovsky testified in favor of SB 5181, amending the parents’ rights initiative to bring it into alignment with existing state and federal laws. In addition to expressing support for the updates to release of medical records and related information, Natalya asked the committee for two amendments regarding the bill’s changes to notifications to parents – decreasing the proposed notification period from 72 hours to as soon as possible, but no later than 24 hours in two places and 48 hours in another. The bill was passed out of committee with an amendment addressing WSPTA’s concerns. Listen to Natalya here.
- Gwen Loosmore testified in two committees on January 21, bringing Washington State PTA’s priority position of preventing and reducing gun violence and suicide to the forefront of bills related to common sense solutions to approach escalating gun violence. Testifying on one of WSPTA’s Top 5 priorities, Gwen shared statistics about suicide and gun deaths while speaking in favor of HB 1356, imposing a new tax on firearms, firearms parts, and ammunition before the House Finance Committee. Listen to Gwen here.
- Later that morning, Gwen testified in favor of HB 1163, enhancing requirements relating to the purchase, transfer, and possession of firearms. Gwen urged members of the House Civil Rights and Judiciary Committee to pass the bill and backed up her rationale with details about the tragic number of deaths by firearms of Washington youth to emphasize WSPTA’s support for the bill. Gwen’s testimony is here.
- On January 22, the Senate Early Learning & K-12 Education Committee heard public testimony on bills that would close the funding gaps in what are being called “The Big Three” – special education, school operating costs (MSOC), and student transportation. WSPTA Board Secretary Melissa Stone was part of panel of education association leaders asking the Legislature to act this session to support school districts and students across the state. The number of testifiers was limited, but Melissa spoke in favor of SB 5307, OSPI-request legislation that would remove the enrollment cap, increase the multiplier, and lower the threshold to access the safety net for higher cost students. Melissa also asked the committee to include funding for inclusionary practices for all building staff and direct teacher preparation programs to add inclusion to their pre-service coursework. Listen to Melissa here.
- While prepared to testify on all of the bills, Melissa was called up to testify on SB 5187, creating predictable and stable student transportation funding. She asked legislators to move up the due date for the OSPI report and funding recommendation for a new formula, so that districts didn’t wait another three years of underfunding. Melissa thanked committee members for including immediate funding for students who are homeless but asked them to include another highly mobile population – students in the foster care system – and students with disabilities. Coming after her, the OSPI representative said the agency was ready to go now, prompting a question from Ranking Republican Paul Harris of Vancouver if the date could be moved forward. The answer was yes. Melissa’s testimony can be found here.
NOTE: At the end of the hearing, Committee Chair Lisa Wellman doubled down on the Big 3, with a clear statement of support to fund K-12 education. While Senator Wellman mentioned the state was facing fiscal challenges, this was the paramount duty of the state. Listen to her here.
- Back in the testifying space, Natalya Yudkovsky testified in the House Education Committee January 23 on HB 1285, making financial education instruction a requirement for the graduating class of 2031. Natalya expressed WSPTA concerns about creating a new graduation requirement before the State Board of Education had finished its work considering what tomorrow’s graduates need and how to build new requirements into the current 24-credit framework. Listen to Natalya here.
- While not representing WSPTA, during the Senate hearing on the Big 3 last week, Lake Stevens Superintendent Mary Templeton spoke about what she could have bought with all the money she had to spend above and beyond what the state funds for MSOC, special education, and student transportation – $26 million combined over five years. Mary gave some examples, saying she could have put two mental health therapists into every district school for the past five years. This is a good reminder to use these types of stories and show what is being lost due to underfunding. Listen to Mary’s testimony here.
Remember to sign up for WSPTA Focus Day – February 17 in Olympia. Legislators need to hear parent and student voices in support of closing the funding gaps and meeting their paramount duty. Let us know you are coming by registering here.
The Week Ahead – Use the Committee Sign In to testify, state your position or submit written comments
Law & Justice (Senate) – SHR 4 and Virtual – 1/27 @ 10:30am
- SB 5282 – Public Hearing – Reestablishing the advisory board for the missing and exploited children task force. (Remote Testimony Available).
Early Learning & K-12 Education (Senate) – SHR 1 and Virtual J.A. Cherberg – 1/28 @ 8:00am
- SB 5080 – Public Hearing – Making financial education instruction a graduation requirement. (Remote Testimony Available).
- SB 5327 – Public Hearing – Concerning learning standards and graduation requirements. (Remote Testimony Available).
- SB 5007 – Public Hearing – Supporting students who are chronically absent and at risk for not graduating high school. (Remote Testimony Available).
- SB 5235 – Public Hearing – Repealing and reorganizing outdated statutes concerning public schools. (Remote Testimony Available).
Law & Justice (Senate) – SHR 4 and Virtual – 1/28 @ 8:00am
- SB 5268 – Public Hearing – Classifying unlawful possession of a firearm as a violent offense. (Remote Testimony Available). (Concerns/Low)
Postsecondary Education & Workforce (House) – HHR C and Virtual JLOB – 1/28 @ 1:30pm
- HB 1136 – Exec Session – Providing student navigational supports to increase postsecondary enrollment.
Early Learning & K-12 Education (Senate) – SHR 1 and Virtual J.A. Cherberg – 1/29 @ 10:30am
- SB 5369 – Public Hearing – Enhancing youth mental health and well-being through advanced training and expansion of the workforce in schools. (Remote Testimony Available).
- SB 5126 – Public Hearing – Establishing a statewide network for student mental and behavioral health. (Remote Testimony Available).
- SB 5271 – Public Hearing – Requiring school districts of the first class to employ a school nurse. (Remote Testimony Available).
Education (House) – HHR A and Virtual JLOB – 1/30 @ 8:00am
- HB 1285 – Exec Session – Making financial education instruction a graduation requirement in public schools.
- HB 1296 – Exec Session – Promoting a safe and supportive public education system.
Early Learning & K-12 Education (Senate) – SHR 1 and Virtual J.A. Cherberg – 1/30 @ 10:30am
- SB 5358 – Public Hearing – Concerning career and technical education in sixth grade. (Hearing is on the Proposed Substitute.) (Remote Testimony Available).
- SB 5253 – Public Hearing – Extending special education services to students with disabilities until the end of the school year in which the student turns 22. (Remote Testimony Available).
- SB 5187 – Exec Session – Providing adequate and predictable student transportation.
- SB 5192 – Exec Session – Concerning school district materials, supplies, and operating costs.
- SB 5263 – Exec Session – Concerning special education funding.
- SB 5004 – Exec Session – Updating emergency response systems in public schools including panic or alert buttons.
Law & Justice (Senate) – SHR 4 and Virtual – 1/30 @ 10:30am
- SB 5282 – Exec Session – Reestablishing the advisory board for the missing and exploited children task force.
- SB 5268 – Exec Session – Classifying unlawful possession of a firearm as a violent offense. (Concerns/Low)
Capital Budget (House) – HHR B and Virtual JLOB – 1/30 @ 1:30pm
- HB 1011 – Public Hearing – Creating a school safety capital grant program. (Remote Testimony Available).
Higher Education & Workforce Development (Senate) – SHR 2 and Virtual J.A. Cherberg – 1/30 @ 1:30pm
- SB 5402 – Public Hearing – Modifying financial aid eligibility. (Remote Testimony Available).
Appropriations (House) – HHR A and Virtual JLOB – 1/30 @ 4:00pm
- HB 1267 – Public Hearing – Adjusting funded special education enrollment. (Remote Testimony Available).
- HB 1357 – Public Hearing – Providing special education funding and support for inclusionary practices. (Remote Testimony Available).
- HB 1310 – Public Hearing – Concerning special education funding. (Remote Testimony Available).
Consumer Protection & Business (House) – HHR B and Virtual JLOB – 1/31 @ 8:00am
- HB 1203 – Public Hearing – Prohibiting the sale of certain tobacco and nicotine products. (Remote Testimony Available).
Labor & Commerce (Senate) – SHR 1 and Virtual J.A. Cherberg – 1/31 @ 8:00am
- SB 5062 – Exec Session – Establishing a child care workforce standards board.
Civil Rights & Judiciary (House) – HHR A and Virtual JLOB – 1/31 @ 10:30am
- HB 1163 – Exec Session – Enhancing requirements relating to the purchase, transfer, and possession of firearms.
- HB 1132 – Exec Session – Enhancing public safety by limiting bulk purchases and transfers of firearms and ammunition.
- HB 1152 – Exec Session – Enhancing public safety by establishing secure storage requirements for firearms in vehicles and residences.
Labor & Workplace Standards (House) – HHR D and Virtual JLOB – 1/31 @ 10:30am
- HB 1128 – Exec Session – Establishing a child care workforce standards board.
Technology, Economic Development, & Veterans (House) – HHR C and Virtual JLOB – 1/31 @ 10:30am