By Marie Sullivan, legconsultant@wastatepta.org
Click here to see the week four bill tracker.
Last week the Senate Early Learning & K-12 Education Committee advanced three bills related to special education funding, Materials, Supplies & Operating Costs (MSOC), and student transportation.
- 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).
- The bill passed the committee unanimously without any changes and was 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.
- The bill passed out of committee on a split vote: all the Senate Democrats and Ranking Member Paul Harris, R-Vancouver, voted to advance the bill without changes to the Senate Ways & Means Committee.
- Senator Perry Dozier, R-Waitsburg, voted No without recommendation.
- Senator Jim McCune, R-Roy, voted No.
- SB 5263 was amended in committee and blended SB 5307 (OSPI-request) and the underlying bill, as well as picking up elements from a House bill offered by Rep. Monica Stonier, D-Vancouver. As amended, the bill would:
- remove the enrollment cap for special education;
- increase the multiplier to 1.32 (down from 1.5) x the basic education allocation, regardless of classroom placement;
- reduce the safety net threshold to 1.5 or about $27,000-$30,000, depending on how the multiplier discussion ends up;
- align the Early Supports for Infants and Toddlers (ESIT) multiplier to the multiplier for Pre-K students (an increase from 1.15 to 1.6381);
- require safety net funds to be distributed quarterly in certain circumstances, including if a district received a safety net award for the same student the previous school year and nothing has changed for the student;
- allow OSPI to reserve .005 of excess special education funding for certain statewide special education activities, such as monitoring for disproportionality or providing technical assistance on inclusionary practices;
- require OSPI to develop and maintain a statewide IEP system; and
- authorize OSPI to adopt a uniform proration percentage of general apportionment funding for special education students.
As reported last week, 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 three categories and rolling up the statewide deficit. Access this amazing tool here.
House action on the Big 3
The House Appropriations Committee held a public hearing on three special education funding bills January 30. The general consensus among testifiers was a thank you for bringing forward policy bills to address the gap, but a sincere hope for something more like SB 5263.
Here’s a quick summary of the special education bills:
- HB 1310 is Seattle Democrat Rep. Gerry Pollet’s companion SB 5307 mentioned above. Regarding the funding elements, it would remove the cap on student enrollment; raise the multiplier for students in and out of general education classrooms; and lower the safety net threshold and require quarterly payments under certain circumstances to help with cash flow.
- 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 would add a new multiplier to support infants and toddlers (birth through three years old), which the Senate policy committee included in the amended SB 5263.
- 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.
HB 1338 (MSOC) has been scheduled for a public hearing in the House Appropriations Committee Monday, February 3 at 4 PM.
HB 1579, the companion to Senator Lisa Wellman’s SB 5187 (above), on student transportation has not been scheduled for a hearing.
Levies and LEA
Four bills have been introduced to date regarding changing the levy limits and/or making changes to local effort assistance (LEA). SB 5593 is sponsored by Senator Lisa Wellman, D-Mercer Island, and has a public hearing on Thursday, February 6 at 10:30 AM. Here’s a quick summary of the four bills:
- Beginning with tax collections in the 2026 calendar year, SB 5593 would remove the $2.50/$1,000 assessed value or $2,500 per student (whichever is less) formula and replace it with a maximum levy of 30% of the school district’s state basic education allocation, including state categorical allocations of student transportation, special education, highly capable students, the learning assistance program and transitional bilingual education program, and food services.
In addition, the $1.50/$1,000 assessed value or $1,550 per student LEA formula would be replaced with a state funding match for districts that have an 18% levy rate that exceeds the statewide average of 18% levy rate. Modeling is still being conducted on the bill which, unless you’re a math wizard, means either each district tries to figure out the formula or we all wait for OSPI’s analysis.
- HB 1356 was the first bill out the gate, sponsored by Rep. Steve Bergquist, D-Renton. Math on this one is a little easier to follow: the bill would maintain the $2.50/$1,000 assessed value limit but increase the per student cap by $500 per student (currently $2,500 per student or $3,000 per student for districts with more than 40,000 students). It would also increase LEA by $200 the first year and $300 the second year – up from the $1.50/$1,000 or $1,550 plus inflations current formula. The bill also would lift the 1% limit on local property tax growth, increasing it to 3%, and dedicate some of the new revenues to support the increase to LEA, remove the special education cap, and fund additional substitute days and pay in subsequent biennia. The bill has been referred to the House Finance Committee.
- HB 1746 is sponsored by Kirkland Democrat Larry Springer and would bump up an allocation for charter schools from $1,550 (plus inflation) to $2,000 per student in the 2025 calendar year and apply the LEA enhancement to all eligible public schools, tribal compact schools and charter schools. Charter schools are not eligible to run a levy, so Rep. Springer and others have been supplementing charter schools with an LEA-like proviso in the operating budgets for several years. The bill is in the House Appropriations Committee.
- HB 1767 was introduced late in the week by newly appointed Democrat Janice Zahn, D-41. Zahn is a Bellevue City Council member who now holds the seat vacated by former Rep. Tana Senn who joined the Ferguson administration as the new director of the Department of Children, Youth and Families. On the face of it, the bill appears to add into the calculations for the current levy and LEA formulas students who are in Alternative Learning Environment programs, transition to kindergarten students, dropout reengagement programs, Running Start program students enrolled full time in institutions of higher education, ECEAP programs, and students ages three and four and five-year-olds not yet enrolled in kindergarten who are eligible for and receive special education. The bill was referred to the House Finance Committee.
Bond bills – Simple and 55%
On this week’s schedule for a vote in the Senate Early Learning & K-12 Education Committee are SB 5186 and SJR 8200, which would ask voters to lower the threshold to pass a bond from 60% to 55%. The bills were heard in the first week of the session. Their scheduling for a vote now may indicate an agreement has been reached in the Senate to secure the two-thirds majority needed to send a constitutional amendment to the voters in the next general election. The action starts Thursday, February 6 at 10:30 AM.
On Tuesday, the House Education Committee will hear public testimony on a simple majority for bonds bill and its corresponding constitutional amendment – HB 1032 and HJR 4201.
- To testify on HB 1032, click here.
- To show your support, click here.
- To submit written comments to the committee, click here.
- To submit written comments on the bill to your legislators, click here.
Advocacy in Action
- Gwen Loosmore, long-time WSPTA Advocacy Committee member, testified in favor of SB 5126, establishing a statewide network for student mental and behavioral health at the January 29th Senate Early Learning & K-12 Education committee meeting. With student mental health at the top of WSPTA’s priorities again this year, Gwen welcomed the opportunity to bring together the disparate efforts to address this critical issue. Listen to Gwen here.
- In addition, students Taanvi Arekapudi, a freshman at Inglemoore High School, and Nandika Devarajan, a junior at Redmond High School, also testified in the committee on behalf of themselves and the NAMI WA Youth. Listen to Taanvi here and Nandika here.
- In the House Appropriations Committee January 30th, WSPTA President Angela Steck testified in favor of HB 1310, but asked the committee to consider adding funding for inclusionary practices professional development and a study to review how other states funding special education to best meet the service needs of their students. Listen to Angela here.
- Advocacy Committee member Natalya Yudkovsky also testified in the budget committee, this time on HB 1267. While thanking the bill sponsor for phasing out the cap on enrollment for special education funding, Natalya also pointed out some unintended consequences of Section 2 regarding disproportionate identification and overproviding services. Natalya’s testimony can be heard here.
The Week Ahead
Higher Education & Workforce Development (Senate) – SHR 2 and Virtual J.A. Cherberg – 2/3 @ 10:30am
- SB 5442 – Public Hearing – Establishing a college promise pilot program. (Remote Testimony Available). (Support)
Education (House) – HHR A and Virtual JLOB – 2/3 @ 1:30pm
- HB 1051 – Public Hearing – Permitting the recording of individualized education program team meetings. (Remote Testimony Available). (Support)
- HB 1257 – 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).
- HB 1273 – Public Hearing – Improving student access to dual credit programs. (Remote Testimony Available).
- HB 1651 – Public Hearing – Concerning teacher residency and apprenticeship programs. (Remote Testimony Available).
Appropriations (House) – HHR A and Virtual JLOB – 2/3 @ 4:00pm
- HB 1404 – Public Hearing – Increasing student access to free meals served at public schools. (Remote Testimony Available). (Support/Low)
- HB 1338 – Public Hearing – Concerning school operating costs. (Remote Testimony Available). (Support/High)
Early Learning & K-12 Education (Senate) – SHR 1 and Virtual J.A. Cherberg – 2/4 @ 8:00am
- SB 5352 – Public Hearing – Increasing student access to free meals served at public schools. (Remote Testimony Available). (Support)
- SB 5189 – Exec Session – Supporting the implementation of competency-based education.
- SB 5210 – Exec Session – Establishing the ninth grade success grant program. (Support)
- SB 5095 – Exec Session – Concerning school districts’ authority to contract indebtedness for school construction.
Postsecondary Education & Workforce (House) – HHR C and Virtual JLOB – 2/4 @ 1:30pm
- HB 1554 – Public Hearing – Providing equity in eligibility for the college bound scholarship. (Remote Testimony Available). (Support)
- HB 1556 – Public Hearing – Expanding tuition waivers for high school completers at community and technical colleges. (Remote Testimony Available). (Support)
Education (House) – HHR A and Virtual JLOB – 2/4 @ 4:00pm
- HB 1032 – Public Hearing – Concerning school district elections. (Remote Testimony Available). (Support)
- HJR 4201 – Public Hearing – Amending the Constitution to allow a majority of voters voting to authorize school district bonds. (Remote Testimony Available). (Support/High)
Civil Rights & Judiciary (House) – HHR A and Virtual JLOB – 2/5 @ 8:00am
- HB 1504 – Public Hearing – Enhancing public safety by requiring financial responsibility to purchase or possess a firearm or operate a firearm range. (Remote Testimony Available).
Environment, Energy & Technology (Senate) – SHR 1 and Virtual J.A. Cherberg – 2/5 @ 8:00am
- SB 5423 – Public Hearing – Supporting the servicing and right to repair of certain products with digital electronics in a secure and reliable manner. (Remote Testimony Available). (Support)
Early Learning & K-12 Education (Senate) – SHR 1 and Virtual J.A. Cherberg – 2/5 @ 10:30am
- SB 5386 – Public Hearing – Supporting survivors of sexual assault in public elementary and secondary schools. (Remote Testimony Available).
- SB 5123 – Exec Session – Expanding protections for certain students to promote inclusivity in public schools. (Support)
- SB 5177 – Exec Session – Considering the experiences of historically marginalized and underrepresented groups when identifying professional development resources on certain topics.
- SB 5235 – Exec Session – Repealing and reorganizing outdated statutes concerning public schools.
Early Learning & Human Services (House) – HHR D and Virtual JLOB – 2/5 @ 1:30pm
- HB 1385 – Public Hearing – Concerning fingerprint background check on applicants. (Remote Testimony Available). (Support)
Postsecondary Education & Workforce (House) – HHR C and Virtual JLOB – 2/5 @ 1:30pm
- HB 1557 – Public Hearing – Establishing the Washington guaranteed admissions program and requiring student notifications. (Remote Testimony Available). (Support)
- HB 1568 – Public Hearing – Modifying financial aid eligibility. (Remote Testimony Available). (Support)
- HB 1587 – Public Hearing – Encouraging local government partner promise scholarship programs within the opportunity scholarship program. (Remote Testimony Available). (Support)
- HB 1657 – Public Hearing – Establishing the Washington 13 free guarantee. (Remote Testimony Available).
Education (House) – HHR A and Virtual JLOB – 2/6 @ 8:00am
- HB 1140 – Public Hearing – Establishing empowerED scholarships using educational savings accounts. (Remote Testimony Available).
- HB 1285 – Exec Session – Making financial education instruction a graduation requirement in public schools. (Concerns/Medium)
Early Learning & K-12 Education (Senate) – SHR 1 and Virtual J.A. Cherberg – 2/6 @ 10:30am
- SB 5593 – Public Hearing – Adjusting enrichment levies and local effort assistance. (Remote Testimony Available).
- SB 5186 – Exec Session – Concerning school district elections. (Support/High)
- SJR 8200 – Exec Session – Amending the Constitution to allow 55 percent of voters voting to authorize school district bonds. (Support/High)
Capital Budget (House) – HHR B and Virtual JLOB – 2/6 @ 1:30pm
- HB 1538 – Public Hearing – Providing capital financial assistance to small school districts with demonstrated funding challenges. (Remote Testimony Available).
Higher Education & Workforce Development (Senate) – SHR 2 and Virtual J.A. Cherberg – 2/6 @ 1:30pm
- SB 5542 – Public Hearing – Expanding tuition waivers for high school completers at community and technical colleges. (Remote Testimony Available). (Support/Low)
Appropriations (House) – HHR A and Virtual JLOB – 2/6 @ 4:00pm
- HB 1489 – Public Hearing – Adjusting implementation dates for programs related to early childhood education and child care. (Remote Testimony Available). (Monitoring)
Labor & Workplace Standards (House) – HHR D and Virtual JLOB – 2/7 @ 10:30am
- HB 1128 – Exec Session – Establishing a child care workforce standards board.