Prepared by Marie Sullivan, legconsultant@wastatepta.org
January 28, 2023
The Senate Early Learning & K-12 Education Committee unanimously passed a substitute to SB 5311 that would lift the cap on total student population for special education services to 15%. The approved substitute bill also would increase the multipliers for K-12 students and for PreK children as follows:
The amended Senate bill also includes a tiered approach to safety net for districts within the same salary regionalization tier. Beginning in the 2023-24 school year, the average per-pupil expenditure used to determine safety net award eligibility for a high-need student is the lesser of:
- the average per-pupil expenditure calculated using statewide data;
- or the average per-pupil expenditure calculated using only data from the subset of districts receiving the same salary regionalization factor as the high-need student’s district.
As a reminder, the House “full funding” of special education bill, HB 1436, as introduced does not include a cap and increases the multiplier more quickly. We have heard the House Appropriations Committee, which will hear the bill in Week 5, is planning on creating its own substitute bill. Confirmed details haven’t been released, but one option might be to lift the cap gradually over four years until it is completely removed. Concerns have been raised by some in the House about the price tag this biennium, as well as the possibility that districts would identify more students with disabilities in need of services and funding needs would increase.
A comparison of bills regarding special education funding and bills designed to help students with disabilities can be found here.
The Senate education committee also passed, by a vote of 6-3, changes to the student transportation funding formula. SSB 5174 would modify the existing funding formula and would add a new category of “distinct passengers” to Washington state law.
Under the bill, “distinct passengers” would be defined as students who are transported to receive services under an IEP; students identified under the federal McKinney-Vento Act; students in the state’s foster care system; and students attending skill centers. In addition, districts would be allowed to include transportation costs for students who are transported within the school day to and from a career connected learning or work-based experience in which the student receives credit.
Other changes are also made to the formula, including reporting and audit requirements, and the Senate bill now includes a provision that would require any school district that contracts for student transportation services to ensure that the private company offers health and pension benefits comparable to those offered to school district employees. A one-time, per month, per employee limit of $200 is provided in both the Senate and House (HB 1248) bills.
Last Monday, the House Appropriations took public testimony on HB 1248. For the most part, school districts and other testifiers were supportive of the bill, although several requests for amendments were made and the bill sponsor, Rep. Monica Stonier, D-Vancouver, said she was working through various changes.
Check the comparison found here to see the various elements.
Watching the wheels go by
Week 3 wrapped up with a lot of bills on the docket. This week’s education bills included topics of enhancing the High School and Beyond Plan; providing free school meals for all; improving dual credit options for low-income students; updating the maximum per student levy amount; multilanguage literacy; safe storage of firearms and medications; and improving school construction, particularly for smaller school districts.
Over in the House Civil Rights & Judiciary Committee, two bills designed to minimize gun violence were passed out of committee on partisan votes with amendments: HB 1143 and HB 1240. SHB 1240 would maintain the prohibition on manufacturing, importing, distributing, sales or offering for sale any assault weapon, with some exceptions.
Various committees also continue to focus on increasing access to postsecondary opportunities through scholarships; improving the mental health and behavioral health work force; and clean energy siting.
Bill would formally authorize Transition to Kindergarten program in K-12 schools
As some might recall, last session the conference committee for the 2022 supplemental operating budget included a little proviso that would have stopped any district not currently offering what has been called Transitional Kindergarten from expanding or starting a program. Unfortunately the proviso hadn’t been included in previously reviewed House or Senate operating budgets, so school districts, community early learning providers, OSPI and others asked Governor Jay Inslee to veto the proviso. He complied, and the language was struck from the approved 2022 supplemental operating budget.
Due to various factors and concerns, Rep. Sharon Tomiko Santos, D-Seattle; Rep. Tana Senn, D-Mercer Island; and 10 House Democrats signed onto a bill that was introduced on January 24th. HB 1550 has many moving pieces, some of which could make it impossible or difficult to implement a strong Transition to Kindergarten program that would benefit the students who need that access the most.
A few of the issues being raised include:
- Requiring a student be income-eligible before participating;
- Removing the newly authorized program from basic education funding, which could have the unintended consequence of restricting services like transportation, multilingual education, and access to art, music, PE, meals, and more that are offered to current transitional kindergarten students;
- Requiring a specific early learning endorsement or early learning special education endorsement rather than an elementary education endorsement for certificated educators leading a TTK classroom;
- Restricting the amount of funding for a TTK program to the same amount as ECEAP;
- Requiring a district to seek authorization to operate a TTK program, and to operate under rules adopted by OSPI and the Department of Children, Youth and Families;
- Stopping current transitional kindergarten programs by August 31, 2024; and
- Requiring TTK programs to participate in the Early Achievers program and seek certain levels of achievement for continued operation of the TTK program.
The bill is scheduled for a public hearing in the House Education Committee on Tuesday, January 31st at 4 PM.
Advocacy in Action
- Advocacy Committee member Natalya Yudkovsky raised four issues with a proposed substitute to SB 5243, high school and beyond plans, when she testified before the Senate Early Learning & K-12 Education Committee on January 23rd. While there is a lot to like in the bill, the new requirement for an electronic platform raises student data privacy issues and implementation challenges for school districts. Listen to Natalya’s testimony here.
- WSPTA member Dr. Gwen Loosmore encouraged House Education Committee members to pass HB 1230, a bill that would direct the state Department of Health to develop information about safe storage of medications and firearms to reduce youth suicide. As described by bill sponsor Rep. Lisa Callan, D-Issaquah, the department’s information could be accessed electronically and shared by school districts with students and families through school and district websites and social media. Listen to her testimony here.
The Week Ahead
Early Learning & K-12 Education (Senate) – SHR 1 and Virtual J.A. Cherberg – 1/30 @ 1:30pm
- SB 5243 – Exec Session – Concerning high school and beyond planning.
- SB 5305 – Exec Session – Establishing the office of career connect Washington.
- SB 5315 – Exec Session – Concerning nonpublic agencies operating special education programs for students with disabilities.
- SB 5339 – Exec Session – Providing free school meals for all.
- SB 5344 – Public Hearing – Establishing a public school revolving fund. (Remote Testimony Available).
- SB 5441 – Public Hearing – Promoting the adoption of school district curricula that is diverse, equitable, and inclusive. (Remote Testimony Available).
- SB 5462 – Public Hearing – Promoting inclusive learning standards and instructional materials in public schools. (Remote Testimony Available).
- SJR 8203 – Public Hearing – Establishing a public school revolving fund. (Remote Testimony Available).
Education (House) – HHR A and Virtual JLOB – 1/30 @ 1:30pm
- HB 1305 – Public Hearing – Improving access to and provision of a free appropriate public education for students with disabilities. (Remote Testimony Available).
- HB 1478 – Public Hearing – Establishing a statement of student rights. (Remote Testimony Available).
- HB 1479 – Public Hearing – Concerning restraint or isolation of students in public schools and educational programs. (Remote Testimony Available).
Regulated Substances & Gaming (House) – HHR E and Virtual JLOB – 1/30 @ 1:30pm
- HB 1497 – Public Hearing – Preventing use of vapor and tobacco products by minors. (Remote Testimony Available).
Ways & Means (Senate) – SHR 4 and Virtual JACB – 1/30 @ 4:00pm
- SSB 5071 – Public Hearing – Creating the purple star designation. (Remote Testimony Available).
Health & Long Term Care (Senate) – SHR 4 and Virtual JACB – 1/31 @ 8:00am
- SB 5189 – Exec Session – Establishing behavioral health support specialists.
Environment, Energy & Technology (Senate) – SHR 1 and Virtual J.A. Cherberg – 1/31 @ 1:30pm
- SB 5464 – Public Hearing – Promoting the fair servicing and repair of digital electronic equipment. (Remote Testimony Available).
Human Services, Youth, & Early Learning (House) – HHR D and Virtual JLOB – 1/31 @ 1:30pm
- HB 1386 – Public Hearing – Establishing a youth development grant program. (Remote Testimony Available).
Postsecondary Education & Workforce (House) – HHR B and Virtual JLOB – 1/31 @ 1:30pm
- HB 1559 – Public Hearing – Establishing the student basic needs at public postsecondary institutions act. (Remote Testimony Available).
Education (House) – HHR A and Virtual JLOB – 1/31 @ 4:00pm
- HB 1273 – Public Hearing – Concerning high school and beyond planning. (Remote Testimony Available).
- HB 1411 – Public Hearing – Supporting student success through cross-sector professional development. (Remote Testimony Available).
- HB 1550 – Public Hearing – Assisting eligible children in need of additional preparation to be successful in kindergarten by establishing the transition to kindergarten program. (Remote Testimony Available).
Transportation (Senate) – SHR 1 and Virtual J.A. Cherberg – 1/31 @ 4:00pm
- SB 5449 – Public Hearing – Concerning the requirements for school buses used for purposes other than the transportation of students. (Remote Testimony Available).
Ways & Means (Senate) – SHR 4 and Virtual JACB – 1/31 @ 4:00pm
- SB 5078 – Public Hearing – Protecting public safety by establishing duties of firearm industry members. (Remote Testimony Available). (Support/Medium)
Environment, Energy & Technology (Senate) – SHR 1 and Virtual J.A. Cherberg – 2/1 @ 8:00am
- SB 5562 – Public Hearing – Supporting Washington’s clean energy economy and transitioning to a clean, affordable, and reliable energy future. (Remote Testimony Available).
Higher Education & Workforce Development (Senate) – SHR 2 and Virtual J.A. Cherberg – 2/1 @ 8:00am
- SB 5555 – Public Hearing – Creating the profession of certified peer specialists. (Remote Testimony Available).
Consumer Protection & Business (House) – HHR C and Virtual JLOB – 2/1 @ 1:30pm
- HB 1392 – Public Hearing – Promoting the fair servicing and repair of digital electronic equipment. (Remote Testimony Available).
Early Learning & K-12 Education (Senate) – SHR 1 and Virtual J.A. Cherberg – 2/1 @ 1:30pm
- SB 5024 – Public Hearing – Establishing parents’ bill of rights related to their child’s public education. (Remote Testimony Available).
- SB 5054 – Exec Session – Promoting and facilitating the use of professional learning communities.
- SB 5264 – Public Hearing – Concerning minimum employment requirements for paraeducators. (Remote Testimony Available).
- SB 5431 – Public Hearing – Requiring and funding the purchase of zero emission school buses. (Remote Testimony Available).
Postsecondary Education & Workforce (House) – HHR B and Virtual JLOB – 2/1 @ 1:30pm
- HB 1374 – Public Hearing – Establishing the office of career connect Washington. (Remote Testimony Available).
- HB 1399 – Exec Session – Establishing a Native American scholarship program.
Education (House) – HHR A and Virtual JLOB – 2/2 @ 8:00am
- HB 1003 – Exec Session – Expanding access to dual credit programs.
- HB 1146 – Exec Session – Notifying high school students and their families about available dual credit programs and any available financial assistance.
- HB 1228 – Exec Session – Building a multilingual, multiliterate Washington through dual and tribal language education.
- HB 1230 – Exec Session – Requiring school districts and other public education entities to make information from the department of health available. (Support/Medium)
- HB 1238 – Exec Session – Providing free school meals for all.
- HB 1316 – Exec Session – Expanding access to dual credit programs.
- HB 1346 – Exec Session – Creating the purple star award.
Law & Justice (Senate) – SHR 4 and Virtual JACB – 2/2 @ 8:00am
- SB 5232 – Public Hearing – Enhancing requirements for the purchase or transfer of firearms. (Remote Testimony Available).
Early Learning & K-12 Education (Senate) – SHR 1 and Virtual J.A. Cherberg – 2/2 @ 1:30pm
- SB 5408 – Public Hearing – Establishing the ninth grade success grant program. (Remote Testimony Available).
- SB 5505 – Public Hearing – Addressing learning loss by expanding the school year. (Remote Testimony Available).
Appropriations (House) – HHR A and Virtual JLOB – 2/2 @ 4:00pm
- HB 1244 – Exec Session – Increasing the maximum per pupil limit for enrichment levy authority.
Ways & Means (Senate) – SHR 4 and Virtual JACB – 2/2 @ 4:00pm
- SB 5126 – Public Hearing – Providing common school trust revenue to small school districts. (Remote Testimony Available).
- SSB 5174 – Public Hearing – Providing adequate and predictable student transportation. (Remote Testimony Available).
Environment, Energy & Technology (Senate) – SHR 1 and Virtual J.A. Cherberg – 2/3 @ 8:00am
- SB 5530 – Public Hearing – Creating a work group to develop a “Whole WA” digital experience that will connect Washington residents to services. (Remote Testimony Available).
Health Care & Wellness (House) – HHR A and Virtual JLOB – 2/3 @ 8:00am
- HB 1583 – Public Hearing – Creating the profession of certified peer specialists. (Remote Testimony Available).