The content from this post comes from Dr. Whitehead's weekly email.

These emails are sent out weekly to leaders in special education and Section 504. Each email contains tips and resources on a variety of topics that are meant to keep you informed and up to date. Please consult your district attorney if you are looking for legal advice, as this is out of my realm. The opinions contained herein are my own.

Please feel free to reach out if you have ideas on topics and resources. This week’s emails include links to information on: 

Everyone
Trauma Informed Practices

504
FAQ about Section 504

Special Education & 504 Case Law
Statute of Limitation and Duty to Assess all Areas – March Edition NEW
National Compilation of Case Law 1998 to present

Special Education
Fact Sheet: Diversity & Inclusion Activities Under Title VI
Legislative Tracker Link

• Yellow — OSPI requested
• Purple — Sped 

OSPI
February Updates

Upcoming Classes and Events:

Special Education Teacher PD

• 151422 Refining Special Education Services for Improved Outcomes
• 151424 Refining Special Education Services for Improved Outcomes
• MTSS Support
• Washington SEL Institute
• Call for Presenters: SLP Conference
• IPP & UDL
• Dr. Alicia Roberts-Frank admin training 
• Dyslexia and MTSS Support
• Computer Science: Senate Bill 5088
• Structured Literacy, Science of Reading, & Dyslexia
• Culture, Data, and Leadership
  

"The aim of an argument or discussion should not be victory, but progress."

Joseph Joubert

Both houses were and remain in caucus or in debate on the floor, considering various bills on their respective calendars. Committee work will begin in earnest once the deadline to pass bills from their house of origin. (March 8^th). House bills that passed will then be heard in Senate committees and vice versa.

Listed below are bills that have either moved or appear still ‘alive’. Remember that NTIB bills are always in the background and may come forward at any time. And, technically, any bill can be resurrected.

---

Retirement Related Proposals

As a repeat: Previous reports have covered the bills related to addressing the lack of a cost-of-living increase (COLA) for members in TRS/PERS Plans 1 and requesting a COLA for members of those plans. They are: ESHB 1057/SB 5350, HB 1201/ESSB 5294, and HB 1459.

There are four bills currently moving that deal with pensions: two sets/companions per chamber, and all four slightly differing.

SB 5350 would grant a one-time, capped 3% COLA for TRS1/PERS1 plan members. It also directs the Select Committee on Pension Policy (SCPP) to recommend a path to regaining a permanent COLA for these retirees.

The Senate passed the bill 48/0, and it has been moved to House Appropriations.

ESSB 5294 was amended. The principal change was that, as originally proposed, it took the $800 Million last session budgeted to lower the unfunded liability in TRS Plan 1. The amended bill leaves $250 Million toward the liability and transfers the rest to the General Fund. In short, it: Removes the underlying provisions of the bill. • Sets the existing minimum UAAL rates to end after FY 2023. • Sets UAAL rates for FY 2024 through 2027. Establishes a new minimum UAAL rate of 0.5 percent that goes into effect in FY 2028.  

The Senate passed the bill 48/0, and it has been moved to House Appropriations.

ESHB 1057 would grant a one-time, capped 3% COLA for TRS1/PERS1 plan members. It also directed the SCPP to recommend a path to regaining a permanent COLA for these retirees. Unlike its companion, an adopted amendment froze current rates until 2027.

The bill passed the House 96/0 and will be moved to Senate Ways and Means.

HB 1201 Eliminates the minimum contribution rates for amortizing the unfunded liabilities in the Teachers' Retirement System Plan 1 (TRS 1), beginning August 31, 2024, and for the Public Employees' Retirement System Plan 1 (PERS 1), beginning June 30, 2025. • Fixes the employer contribution rate for the unfunded liabilities in PERS 1 and TRS 1 at zero until 2029, excluding amounts to amortize benefit improvements made after June 30, 2009. • Repeals the scheduled payment of $800 million into the TRS 1 fund scheduled for June 30, 2023.

This bill remains in Rules. *Note* Senate passed its companion.

Regarding costs:

Numerous fiscal notes are attached to each of these bills. The bottom line is that they all address the unfunded liability and the resulting surcharges that employers are currently paying to lower the UAAL.

A simple, generalized summary is that current surcharge rates (paid by employers only) are PERS 3.85%/ TRS1 6.46%. Effective in 2023: Under HB 1201 the rates go to 0% in 2026 for PERS and 0.71% for TRS 1 in 2025. Savings to the state’s General Fund will be $427.7 million in 2023-2025. Obviously, savings will also go to employers such as school districts. The other bills also have various projections as to future rates. All lower the current surcharge rates. ESHB 1057 also includes language that any benefit improvements (such as a COLA) will have no effect on rates until July 1, 2027.

HB 1007: Concerning interruptive military service credit for members of the state retirement systems.

Comment: Retirement credit can be awarded in any armed conflicts if the participant was awarded the respective campaign or expeditionary badge or medal…. the ‘expeditionary badge' qualifier was added.

HB 1007 passed the House 97/0 and has moved to the Senate Ways and Means.

HB 1008: Concerning participating in insurance plans and contracts by separated Plan 2 members of certain retirement systems.

Comment: This bill would simply make retiree insurance provisions uniform and equitable for Plan 2 and 3 members.

HB 1008 passed the House 93/0 and has been moved to Senate Ways and Means.

SHB 1056: Repealing some post-retirement employment restrictions.

Comment:Changes the post-retirement employment restrictions on benefits eligibility for Public Employees' Retirement System, Teachers Retirement System, and School Employees Retirement System Plans 2 and 3 members that retired under the 2008 Early Retirement Factors (ERFs). • Permits 2008 ERF members to work in the retirement system–covered employment for up to 867 hours per year without suspension of retirement benefits. • Adjusts benefits for individuals that chose the 3 percent per year early retirement reduction to the level of reduction in the 2008 ERFs for future benefit payments. Effective 1/1/2024.

SHB 1056 passed the House 93/0 and has moved to Senate Ways and Means.

SSB 5121: Extending the expiration date of the joint select committee on health care oversight.

Comment: Extends the expiration date of the Joint Select Committee on Health Care Oversight from December 31, 2022, until December 31, 2026, and renames it the Joint Select Committee on Health Care and Behavioral Health Oversight.

Passed Senate 48/0. Executive Session before the House Health Care and Wellness Committee is scheduled 3/10.

SSB 5490: Concerning health care coverage for retired or disabled employees denied coverage for failure to timely notify the authority of their intent to defer coverage.

Comment: A retired or disabled employee who was eligible to defer coverage when they left employment, but failed to do so and later applied for retiree coverage and was denied solely for failure to notify HCA of their plan to defer coverage, and appealed the denial of benefits by December 31, 2022, may enroll in retiree health care. A retired or disabled employee enrolling in benefits may only enroll in a fully-insured Medicare advantage or Medicare supplement plan. A retiree taking advantage of this provision must apply by the end of the open enrollment period for the plan year beginning January 1, 2024.

This bill passed the Senate 48/0 and sent to House Health Care Committee.

Other Areas of Potential Fiscal Impact (and often unfunded) to Districts

SHB 1068: Concerning injured workers' rights during compelled medical examinations.

Comment: This allows an injured worker to make an audio and video recording of a compelled medical examination and to have one person of the worker's choosing present during the examination. 

This bill passed the House 65/33 and will be moved to the Senate Labor and Commerce Committee.

SHB 1106: Concerning qualifications for unemployment insurance when an individual voluntarily leaves work.

Comment: Expands access to unemployment insurance benefits by adding circumstances where a person may voluntarily quit for good cause.

This bill remains on the House floor calendar for possible action.

SHB 1136: Requiring employers to reimburse employees for necessary expenditures and losses.

Comment: Requires employers to reimburse employees for all necessary expenditures and losses incurred in direct consequence of their duties.

This bill is in House Rules awaiting action.  

SHB 1187: Concerning privileged communication between employees and the unions that represent them.

Comment: A testimonial privilege is established for a union representative and an employee the union represents or has represented from being examined or required to disclose any communication between an employee and union representative or between union representatives that is made in the course of union representation. Exceptions to this privilege are established.

This bill is in House Rules waiting movement.

SHB 1200: Requiring public employers to provide employee information to exclusive bargaining representatives.

Comment: Requires certain public employers to provide exclusive bargaining representatives' information, such as contact information, date of hire, salary, and job site location, of employees in bargaining units if the employer has that information in its records. The employer must provide the information within 21 business days from the date of hire for new employees in an appropriate bargaining unit and every 120 business days for all employees in an appropriate bargaining unit. In addition, the employer must provide the information in an editable format. • Allows an exclusive bargaining representative to bring a court action if a public employer fails to comply with the requirement to provide information.

HB 1200 has been moved to House Rules.

 EHB 1210:  Concerning the recording of school board meetings.

Comment: Requires all school district board meetings to be audio recorded, subject to exceptions for executive sessions and emergencies, with recordings kept for one year. • Specifies that a public records request for recordings of meetings of a school district board of directors must include the date of the meetings requested or a range of dates. • Encourages school districts to make the content of school board of directors meetings available in formats accessible to individuals who need communication assistance and in languages other than English.

This bill passed House 96/1 and had a public hearing before the Senate State Government Committee 2/17.

SHB 1248: Concerning pupil transportation.

Comment: Requires the Superintendent of Public Instruction to provide transportation safety net awards to school districts with excess special passenger costs for special education, homeless, and foster students, as defined in the operating budget. • Requires that school district contracts for pupil transportation services must include sufficient funds to provide employees of the contracting employer with health benefits and pension contributions equivalent to those of school district classified employees. • Provides one-time supplemental allocations to districts that experience higher costs because of the new contract requirements. (According to the fiscal note, these allocations are just partial and paltry reimbursement for added costs for the benefits.)

This bill has been moved to House Rules for possible action.

ESSHB 1320: Concerning access to personnel records.

Comment: Specifies that an employer must provide the employee's complete, unredacted personnel file within 14 calendar days of the request from the employee, former employee, or their attorney, agent, or fiduciary. • Requires an employer to provide to a former employee, upon request, a statement of the employee's discharge date and reasons, if any, for the discharge. • Creates a private cause of action to enforce the requirements. Requires the Department of Labor and Industries and the Employment Security Department to provide employers with information regarding the employer's obligations and the employee's rights.

Passed the House 56/40 and will be moved to Senate Labor and Commerce committee.

SB 5059:  Concerning prejudgment interest.

Comment: This was proposed last session. Briefly stated, judgments founded on the tortious conduct of a "public agency" shall bear interest from the date ((of entry)) the cause of action accrued. So, if a district is found liable for neglecting to act in a child’s best interest, years after the fact, it will pay a penalty and interest from the day the neglect/damage first occurred from the date the action is commenced or the date the minor attains the age of eighteen years, whichever is earlier.

This bill has been moved to Rules for possible pull to floor calendar.  

SB 5084: Creating a separate fund for the purposes of self-insured pensions and assessments.

Comment: Creates a self-insurance reserve fund for payments from self-insured employers related to workers' compensation pensions and from the overpayments reimbursement fund.

SB 5084 is in Senate Rules.

ESSB 5123: Concerning the employment of individuals who lawfully consume cannabis.

Comment: Prohibits employers, with some exceptions, from discriminating against a person in hiring if the discrimination is based on the person's use of cannabis outside of work or on certain employer-required drug screening tests.

The bill does not: prohibit an employer from basing initial hiring decisions on scientifically valid drug screening conducted through methods that do not screen for non-psychoactive cannabis metabolites; • apply to testing for controlled substances other than pre-employment, such as post-accident testing or testing because of suspicion of impairment or being under the influence of alcohol, controlled substances, medications, or other substances; • affect the rights or obligation of an employer to maintain a drug and alcohol-free workplace, or any other right or obligation of an employer required under federal law or regulation; • apply to applicants in the airline or aerospace industries, or applicants applying for a position that requires a federal government background investigation or security clearance; or • apply to safety-sensitive positions for which impairment while working presents a substantial risk of death.

Passed Senate 28/21. Sent to House Labor for scheduling.

SHB 5174: Providing adequate and predictable student transportation.

Comment: Removes provisions that modify the student transportation funding formula. • Removes additional monthly reporting requirements. Removes provision requiring transportation contractors to provide employee health and retirement benefits comparable to those received by school employees. • Creates a special passenger safety net program. • Updates intent section.  

One proposed amendment of note, sponsored by Sen. Hasegawa, restores the provisions regarding health and retirement benefits. Part of the effect statement reads: Requires OSPI, subject to appropriations, to provide a one-time supplemental transportation allocation to districts that see an increase in costs due to these new requirements, not to exceed $200 per employee per month. Provides reporting requirements and restrictions on use of funds.

This has been moved to the floor calendar.

SB 5240/ HB 1656: Concerning unemployment insurance benefits appeal procedures.

Comment: A dispute of an individual's initial determination, determination of allowance or denial of allowance of benefits, or redetermination of allowance or denial of benefits, all matters covered by such initial determination, determination, or redetermination shall be deemed to be in issue subject to appeal.

SB 5240 passed the Senate 47/0 and has been moved to House Labor Committee. HB 1656 is in House Rules.

SSB 5275: Expanding access to benefits provided by the school employees' benefits board.

Comment: Tribal compact schools, employee organizations representing school employees, and school board directors may enter into a contract with the HCA to provide health care benefits to their employees through SEBB beginning January 1, 2024. Employers opting into coverage under SEBB may determine the terms of employee and dependent eligibility and must pay premiums set by HCA.

Passed Senate and has been moved to House Appropriations.

SSB 5286: Modifying the premium provisions of the Paid Family and Medical Leave program.

Comment: Amends the premium rate calculation in the Paid Family and Medical Leave Program (PFML) to be based on a specified formula rather than the Family and Medical Leave Insurance Account (Account) balance ratio on September 30th of the previous year. • Sets a maximum rate of 1.2 percent and removes the Employment Security Department's authority to assess a solvency surcharge if the Account balance ratio falls below a certain threshold.

Passed Senate 48/0 and moved to House 2/3, awaiting a date for public hearing before House Labor.

SB 5296: Concerning interruptive military service credit for members of the state retirement systems.

Comment: Members of the state's retirement systems who leave employment to enter the armed forces of the United States may be eligible for interruptive military service credit. Interruptive military service credit applies to all Washington state retirement systems. A member can qualify for up to five years of no-cost interruptive military service credit. The employer and state pay their contributions plus interest and the system subsidizes the member contributions and interest.

Passed the House 49/0 and will be sent to House Appropriations.

Fred Yancey
The Nexus Group LLC

Black women are the third most represented demographic for the principalship in Washington state. Knowing that, it is vital to create a brave space for black women to connect, support one another, and grow together for us to sustain ourselves in education.

In response to a request from one of our leaders, AWSP created “Dear Sista,” an affinity group space for African American women leaders. The title Dear Sista is a tribute to Veronica Very’s book of poems that speaks to truth, healing, and supporting the sisterhood. The group meets monthly via Zoom for:

• Affirmation
• Networking
• Book studies
• Problem-solving
• Healing/soul care
• Leadership tips
• Guest speakers
• Resource sharing

Here are the upcoming 2023-24 meeting dates (each at 5:30 pm):

• August 24, 2023
• September 28, 2023
• October 26, 2023
• November 15, 2023
• December 14, 2023
• January 25, 2024
• February 22, 2024
• March 28, 2024
• April 25, 2024
• May 23, 2024
• June 20, 2024

If you’re interested in being a part of Dear Sista, reach out to me.

Emotional Agility is probably one of the trickiest skill sets to learn as you are busy juggling the demands of an intense school year. As we think about all that has happened over the past three years and ALL of the things we are working to handle effectively, the importance of emotional agility cannot be overlooked. Susan David, author, TedTX speaker, and co-founder of the Institute of Coaching (Harvard Medical School), is a leader in this field. Those of you participating as mentors/mentees in our AWSP Mentoring Program have been exposed to the School Leader Paradigm and how our personal and social intelligence positively/negatively impacts our ability to lead in the schoolhouse. I have found Susan David’s monthly newsletter to be an excellent way to get refocused on my own locus of control, and my ability to stay positively focused on what I can/cannot control. I am a work in progress (lol)…but I’d definitely encourage you to sign up for her newsletter and share with us what you think. Maybe this spring, you’ll engage and be better grounded when all the “things” are flying in your direction. You got this! Until next time…

The content from this post comes from Dr. Whitehead's weekly email.

These emails are sent out weekly to leaders in special education and Section 504. Each email contains tips and resources on a variety of topics that are meant to keep you informed and up to date. Please consult your district attorney if you are looking for legal advice, as this is out of my realm. The opinions contained herein are my own.

Please feel free to reach out if you have ideas on topics and resources. This week’s emails include links to information on: 

Everyone
3 Strategies for managing student behavior

504
Guidelines for caring for a student with diabetes

Special Education & 504 Case Law
National Compilation of Case Law 1998 to present 
Section 504 and ADA – February Edition 

Special Education
Special Education Facilitation Process
Legislative Tracker Link

• Yellow — OSPI requested
• Purple — Sped 

OSPI
February Updates

Upcoming Classes and Events:

Special Education Teacher PD

• 151422 Refining Special Education Services for Improved Outcomes
• 151424 Refining Special Education Services for Improved Outcomes
• MTSS Support
• Washington SEL Institute
• Call for Presenters: SLP Conference
• IPP & UDL
• Dr. Alicia Roberts-Frank admin training 
• Dyslexia and MTSS Support
• Computer Science: Senate Bill 5088

“Democracy dies in darkness”

Washington POST

Committee hearings are either temporarily suspended or have small agendas as attention changes focus to floor action. Bills that have made it out of committees now must make it to the floor calendar for possible debate and vote. A reminder that March 8^th is the deadline for bills to have cleared their house of origin

As always, and to repeat: Bills that are necessary to implement the budget (NTIB) remain alive beyond any of these deadlines. (Although, what makes a bill NTIB is fairly loosely defined.)

For an outsider looking in, it is extremely frustrating that much of the action that fine tunes/amends bills occur behind closed doors, out of sight of the general public. This is particularly true of the development of the budget, but as one can observe, amendments often crop up on bills the day of their final hearing or on the floor once brought forward for debate. The net effect is that the public often has little time to read and understand any proposed change(s). This is particularly galling when the budget proposal itself is often released in the morning with a same-day public hearing. But this is the system. So be it.

Listed below are bills that appear to be moving or that have made it to the opposite house awaiting committee hearings.

Retirement Related Proposals

To repeat: Previous reports have covered the bills related to addressing the lack of a cost-of-living increase (COLA) for members in TRS/PERS Plans 1. They are: HB 1057/SB 5350, HB 1201/SB 5294, and HB 1459.

There are four bills currently moving that deal with pensions; two sets/companions per chamber, and all four slightly differing.

SB 5350 would grant a one-time, capped 3% COLA for TRS1/PERS1 plan members. It also directs the Select Committee on Pension Policy (SCPP) to recommend a path to regaining a permanent COLA for these retirees.

SB 5294 was amended. The principal change was that as originally proposed, it took the $800 Million last session budgeted to lower the unfunded liability in TRS Plan 1. The amended bill leaves $250 Million toward the liability and transfers the rest to the General Fund. In short, it: Removes the underlying provisions of the bill. • Sets the existing minimum UAAL rates to end after FY 2023. • Sets UAAL rates for FY 2024 through 2027. Establishes a new minimum UAAL rate of 0.5 percent that goes into effect in FY 2028.  

HB 1057 would grant a one-time, capped 3% COLA for TRS1/PERS1 plan members. It also directed the SCPP to recommend a path to regaining a permanent COLA for these retirees. Unlike its companion, an adopted amendment froze current rates until 2028.

HB 1201 Eliminates the minimum contribution rates for amortizing the unfunded liabilities in the Teachers' Retirement System Plan 1 (TRS 1), beginning August 31, 2024, and for the Public Employees' Retirement System Plan 1 (PERS 1), beginning June 30, 2025. • Fixes the employer contribution rate for the unfunded liabilities in PERS 1 and TRS 1 at zero until 2029, excluding amounts to amortize benefit improvements made after June 30, 2009. • Repeals the scheduled payment of $800 million into the TRS 1 fund scheduled for June 30, 2023.

The Senate Ways and Means Committee and Senate Rules moved SB 5350 and SB 5294. Both are on the floor calendar awaiting action by the full Senate.  HB 1057 and HB 1201 have been moved to Rules.

SHB 1007: Concerning interruptive military service credit for members of the state retirement systems.

Comment: Retirement credit can be awarded in any armed conflicts if the participant was awarded the respective campaign or expeditionary badge or medal…. the ‘expeditionary badge' qualifier was added.

HB 1007 passed the House 97/0 and has moved to the Senate Ways and Means.

HB 1008: Concerning participating in insurance plans and contracts by separated Plan 2 members of certain retirement systems.

Comment: This bill would simply make retiree insurance provisions uniform and equitable for Plan 2 and 3 members.

HB 1008 passed the House 93/0 and has been moved to Senate Ways and Means.

SHB 1056/ SB 5349: Repealing some post-retirement employment restrictions.

Comment: Beginning January 1, 2024, any current or future retiree under the provisions of early retirement may utilize the 32 postretirement employment provisions of RCW 41.32.802(2) for up to 867 hours per year.

SHB 1056 passed the House 93/0 and has moved to Senate Ways and Means. SB 5349 is in Senate Rules. It is likely that HB 1056 will be the bill that is moved; SB 5349 will die.

SSB 5121: Extending the expiration date of the joint select committee on health care oversight.

Comment: The expiration date of this committee is to be extended. Its goal must be to ensure that these multiple health and insurance regulatory agencies are not duplicating their efforts and are working toward a goal of increased quality of services leading to reduced costs to the health care consumer.

Passed Senate 48/0 and has moved to the House Health Care and Wellness Committee.

SSB 5490: Concerning health care coverage for retired or disabled employees denied coverage for failure to timely notify the authority of their intent to defer coverage.

Comment: A retired or disabled employee who was eligible to defer coverage when they left employment, but failed to do so and later applied for retiree coverage and was denied solely for failure to notify HCA of their plan to defer coverage, and appealed the denial of benefits by December 31, 2022, may enroll in retiree health care. A retired or disabled employee enrolling in benefits may only enroll in a fully-insured Medicare advantage or Medicare supplement plan. A retiree taking advantage of this provision must apply by the end of the open enrollment period for the plan year beginning January 1, 2024.

This bill is in Rules Committee awaiting further action.

Other Areas of Potential Fiscal Impact (and often unfunded) to Districts

SHB 1068: Concerning injured workers' rights during compelled medical examinations.

Comment: This allows an injured worker to make an audio and video recording of a compelled medical examination and to have one person of the worker's choosing present during the examination. 

This bill passed the House 65/33 and will be moved to the Senate Labor and Commerce Committee.

SHB 1106: Concerning qualifications for unemployment insurance when an individual voluntarily leaves work.

Comment: Expands access to unemployment insurance benefits by adding circumstances where a person may voluntarily quit for good cause.

This bill has been placed on House floor calendar for possible action.

SHB 1136: Requiring employers to reimburse employees for necessary expenditures and losses.

Comment: Requires employers to reimburse employees for all necessary expenditures and losses incurred in direct consequence of their duties.

This bill is in House Rules awaiting action.  

HB 1187: Concerning privileged communication between employees and the unions that represent them.

Comment: To effectuate the public policy favoring effective collective bargaining, it is necessary to protect confidential union–employee communications in the course of union representation against disclosure.

This bill is in House Rules waiting movement.

HB 1200: Requiring public employers to provide employee information to exclusive bargaining representatives.

Comment: Requires certain public employers to provide exclusive bargaining representatives' information, such as contact information, date of hire, salary, and job site location of employees in bargaining units if the employer has that information in its records. Allows an exclusive bargaining representative to bring a court action if a public employer fails to comply with the requirement to provide information.

HB 1200 has been moved to House Rules.

 EHB 1210:  Concerning the recording of school board meetings.

Comment: Specifies that a public records request for recordings of school district board of directors meetings must include the date of the meetings requested or a range of dates. Provides that searches for public records need not include recordings of school district board meetings unless a date is given. Requires all school district board meetings to be audio recorded, subject to exceptions for executive sessions and emergencies, with recordings kept for at least one year. Encourages school districts to make the content of school board of directors meetings available in formats accessible to individuals who need communication assistance and in languages other than English.

This bill passed House 96/1 and has been moved to the Senate State Government Committee for a public hearing 2/17.

SHB 1248: Concerning pupil transportation.

Comment: Requires the Superintendent of Public Instruction to provide transportation safety net awards to school districts with excess special passenger costs for special education, homeless, and foster students, as defined in the operating budget. • Requires that school district contracts for pupil transportation services must include sufficient funds to provide employees of the contracting employer with health benefits and pension contributions equivalent to those of school district classified employees. • Provides one-time supplemental allocations to districts that experience higher costs because of the new contract requirements. (According to the fiscal note, these allocations are just partial and paltry reimbursement for added costs for the benefits.)

This bill has been moved to House Rules for possible action.

SHB 1320: Concerning access to personnel records.

Comment: Specifies that an employer must provide the employee's complete, unredacted personnel file within 14 calendar days of the request from the employee, former employee, or their attorney, agent, or fiduciary. • Requires an employer to provide to a former employee, upon request, a statement of the employee's discharge date and reasons, if any, for the discharge. • • Creates a private cause of action to enforce the requirements. Requires the Department of Labor and Industries and the Employment Security Department to provide employers with information regarding the employer's obligations and the employee's rights.

Scheduled for Executive Action on 2/24 in House Appropriations.

SB 5059:  Concerning prejudgment interest.

Comment: This was proposed last session. Briefly stated, judgments founded on the tortious conduct of a "public agency" shall bear interest from the date (of entry) the cause of action accrued. So if a district is found liable for neglecting to act in a child’s best interest years after the fact, it will pay a penalty and interest from the day the neglect/damage first occurred, from the date the action is commenced, or the date the minor attains the age of eighteen years, whichever is earlier.

Executive Session scheduled 2/23 before Senate Ways and Means.  

SB 5084: Creating a separate fund for the purposes of self-insured pensions and assessments.

Comment: Creates a self-insurance reserve fund for payments from self-insured employers related to workers' compensation pensions and from the overpayments reimbursement fund.

SB 5084 is in Senate Rules.

ESSB 5123: Concerning the employment of individuals who lawfully consume cannabis.

Comment: Prohibits employers, with some exceptions, from discriminating against a person in hiring if the discrimination is based on the person's use of cannabis outside of work or on certain employer-required drug screening tests.

The bill does not: prohibit an employer from basing initial hiring decisions on scientifically valid drug screening conducted through methods that do not screen for non-psychoactive cannabis metabolites; • apply to testing for controlled substances other than pre-employment, such as post-accident testing or testing because of suspicion of impairment or being under the influence of alcohol, controlled substances, medications, or other substances; • affect the rights or obligation of an employer to maintain a drug and alcohol free workplace, or any other right or obligation of an employer required under federal law or regulation; • apply to applicants in the airline or aerospace industries, or applicants applying for a position that requires a federal government background investigation or security clearance; or • apply to safety-sensitive positions for which impairment while working presents a substantial risk of death.

Passed Senate 28/21. Sent to House Labor for scheduling.

SHB 5174: Providing adequate and predictable student transportation.

Comment: Removes provisions that modify the student transportation funding formula. • Removes additional monthly reporting requirements. Removes provision requiring transportation contractors to provide employee health and retirement benefits comparable to those received by school employees. • Creates a special passenger safety net program. • Updates intent section.   

This has been moved to Senate Rules Committee.

SB 5240/ HB 1656: Concerning unemployment insurance benefits appeal procedures.

Comment: A dispute of an individual's initial determination, determination of allowance or denial of allowance of benefits, or redetermination of allowance or denial of benefits, all matters covered by such initial determination, determination, or redetermination shall be deemed to be in issue subject to appeal.

SB 5240 has been sent to Senate Rules Committee. HB 1656 is in House Rules.

SSB 5275: Expanding access to benefits provided by the school employees' benefits board.

Comment: Allows tribal compact schools, employee organizations representing school employees, and school board directors the option of providing health care through the School Employees' Benefits Board.

Placed on floor calendar awaiting further action.

SSB 5286: Modifying the premium provisions of the Paid Family and Medical Leave program.

Comment: Amends the premium rate calculation in the Paid Family and Medical Leave program (PFML) to be based on a specified formula rather than the Family and Medical Leave Insurance Account (Account) balance ratio on September 30th of the previous year. Sets a maximum rate of 1.2 percent and removes the Employment Security Department's authority to assess a solvency surcharge if the Account balance ratio falls below a certain threshold.

Passed Senate 48/0 and moved to House 2/3, awaiting a date for public hearing before House Labor.

SB 5296: Concerning interruptive military service credit for members of the state retirement systems.

Comment: Members of the state's retirement systems who leave employment to enter the armed forces of the United States may be eligible for interruptive military service credit. Interruptive military service credit applies to all Washington state retirement systems. A member can qualify for up to five years of no-cost interruptive military service credit. The employer and state pay their contributions plus interest and the system subsidizes the member contributions and interest.

Passed the House 49/0 and will be sent to Senate Ways and Means.

Fred Yancey
The Nexus Group LLC

It’s Time to Take Action!

As today comes to a close, so does another cutoff date. All bills with a price tag must be passed out of a fiscal committee (either House Appropriations or Senate Ways and Means) by Friday, February 24. This means the list of bills moving through the Legislature is getting smaller.

We hope several important bills stay alive, so programs like special education, transportation, dual credit, and nutrition get passed and included in the final budget. Our districts need this basic education funding.

Along with these issues, legislators, staff, and education advocates are working on fine-tuning other bills related to highly capable programs, transitional Kindergarten, teacher residency programs, restraint and isolation, and more.

Beginning Monday, February 27, all of the action turns to the House and Senate floor, where legislators will spend the next week and a half passing bills out of each chamber. Bills must pass out by March 8 in order to stay alive. The bills that make it through then go to the opposite house, and the process starts over.

As we make our way through the session, the next revenue forecast on March 20 will bring new information. We will hear more about how the budget is shaping up after the forecast.

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Principal Bills

We’ll continue to educate people about our principal bills and why we support and need them in the next week. SB 5085 and SB 5175 address some essential pieces to providing you greater job protection and support. We know the demands of your job are significant. We also believe these changes are critical to attract future leaders.

We need your help NOW to send a message to your Senator urging them to pass SB 5085 and SB 5175 out of the Senate.

As a reminder, we brought SB 5085 to Senator Lisa Wellman, and in its current form, it will do these three things:

• provide more protections for assistant principals,
• allow principals and assistant principals to retain years of experience as educators if transferring to different roles,
• and clarify required trainings for evaluations.

This bill has a striking amendment posted on the Senate Floor Calendar. This amendment removes the section that would have allowed principals and assistant principals to bargain working conditions. We asked Senator Wellman to remove this language after many hours of conversation with our board members and after meeting several times with WASA. We plan to meet soon with WASA to identify tangible solutions to attract, retain, and sustain our school leaders.

At the same time, Senator Kevin Van de Wege came forward with an idea to provide a minimum salary for principals and assistant principals. His amendment would require an assistant principal salary 5% higher than the maximum salary on each district’s teacher salary schedule (base pay), and a minimum salary 15% higher for principals than the maximum salary on each district’s teacher salary schedule (base pay). An included clause also assures no one would go backward from their current salary. We don’t know the financial impact or cost of this amendment. We hope these gaps exist in most of our districts, but we know this may not be the case everywhere.

Senator Wellman also introduced SB 5175, which would allow (not require) districts to offer principals up to a three-year contract. This bill moved out of the Senate Early Learning and K–12 Committee and was recently pulled a step closer by the Senate Rules Committee to being placed on the Senate Floor Calendar.

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Take Action

Head to our Advocacy and Action Center and scroll down to the orange “Take Action” button. Enter your home or school address and then your other information, and you’ll see a written message ready to send to your own Senator. You can edit this or add more information if you wish.

You can also find your Senator’s email address here and email them directly. Make sure to CC their Legislative Assistant!

Here is the complete list of bills that I’m tracking. (We’ll update this over the weekend after the February 24 cutoff.)

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Get Involved

Our advocacy efforts need all of our voices to contribute to the process. There are many different ways (big and small) that you can get involved in these efforts. Your participation can be as easy as doing an action alert to email your legislators or signing in support of a specific bill. Or, if you feel really passionate about a particular bill, we would love to have you testify. It takes all of us to make an impact!

If you have questions or comments or want to get involved, please reach out to me.

Thank you so much!

Attend our final forum of the year!

Your Voice. Your Influence. Your Career.

Thanks to all of you who attended our Winter Forum in February. Over 150 school leaders joined some crucial conversations with colleagues around the current legislative session, recess, attendance policies, supporting marginalized populations, high school graduation requirements, and other hot topics.

Why should you join our 1-hour forum when you are pulled in a thousand different directions? When asked about positive takeaways, attendees' top response was the appreciation for the legislative update. In today's  Legislative Update by Dr. Scott Seaman,  he states,

"We (AWSP) exist to support principals as a means to the same goal we all have in K-12 education: for all of our students to have hope. Today, we find ourselves in one of the most challenging spots in the history of our association, specifically regarding the two “principal bills",  Senate Bills 5085 and 5175."

We understand your need to be informed about the decisions being made that directly affect you!

At the Winter Forum, we also heard:

"I appreciated the conversations with colleagues and learning about their systems.  We do not have time to do this often."

"Hearing that others are facing similar challenges. Leading a secondary building is extra challenging right now."

"Connecting and networking with colleagues in our region; sharing tips and strategies in a collaborative format."

"If we are going to improve the profession, and seriously consider the concept of organizational versus instructional leadership tracks, we have to meet on a regular basis."

"Getting to hear from other principals in our area about what concerns they are having and successes they are seeing."

We also listened to your ideas for future forums. Your voice is critical in helping us improve your role in education and support you through your career, so we've planned AWSP's Spring Forum accordingly. This is your opportunity to connect regionally with other school leaders as you plan the wrapping up of your school year.

Spring Forum Focus:

• What JUST happened in the 2023 legislative session, specifically Senate Bills 5085 and  5175?
• What are some ways you successfully close out the school year? Activities, events, appreciation, nuts and bolts, etc.
  

Register now for our Spring Forum, coming up May 8, 2023.

Spring Forum Details

Video Update

Listen as a Podcast

Listen Now

Read the Script

For 51 years, AWSP has supported principals and assistant principals (the individuals) and the principalship (the profession) in the education of each and every student. We exist to support principals as a means to the same goal we all have in K-12 education: for all of our students to have hope. Today, we find ourselves in one of the most challenging spots in the history of our association, specifically regarding the two “principal bills", Senate Bills 5085 and 5175. 

It seems like the winds are shifting on these bills by the hour, but there’s been one constant: we find ourselves between a rock and a hard place. Many of our principals and assistant principals across the state want us to keep pushing for 5085 to pass in its original form. On the other hand, we have some districts, superintendents, partners, and school boards in opposition and with varying levels of frustration. AWSP is one of the strongest principals’ associations in the country, and our strong partnership and relationships with our districts is the driving force behind that. We know that nothing happens in a school without trust and relationships, so we’ve engaged with our partners on a path forward. {If you want to go fast, go alone. If you want to go far, go together}

I want to be clear. Our state has phenomenal superintendents and districts who are exemplary in their support of their principals, from strong relationships and partnerships, robust contracts, clear and defined due process protocols, and provide as much support as possible coupled with reasonable expectations. And over the last few years, we’ve heard more and more appreciation, compassion, and support for our principals and assistant principals. We’re not the only voice in the room saying we need to do more to support our principals, but we don’t need the educational equivalent of thoughts and prayers; we need policies and change. We have many options for how to move forward, but doing nothing is not one of them. Let’s talk briefly about why I’m sitting here talking to this camera, and you’re wherever you are, watching or listening to me. 

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Let’s Talk About The Bills

When Senate Bill 5085 was introduced, these were the key components straight from the Senate’s Bill Report:

1. Remove statutory limitations on the scope of collective bargaining for bargaining units containing only supervisors, or principals and assistant principals, or both.

2. Require the citation of specific evaluation criteria when transferring a principal or an assistant principal to a subordinate certificated position.

3. Require that years of administrator experience count towards total years in future positions when a principal or assistant principal is transferred to a non-administrative, subordinate position.

4. Apply employment provisions relating to principals to assistant principals as well.

5. Specify that in addition to whether an applicant has ever been placed on administrative leave, a school district employment application may not include a question asking whether the applicant has ever been on a plan of improvement, has ever been under an investigation, or has ever resigned in lieu of termination.

6. Require evaluators of principals and assistant principals to receive training in evaluation procedures.

As we record on February 22nd, the current version of the bill is now different. The fifth bullet point was removed before it passed out of the Senate Education committee. The intent behind that section was to protect principals, who are often put on administrative leave at the drop of a hat for an investigation or grievance, only to be cleared of all wrongdoing. Those questions on a job application are typically used to screen out applicants. We feel the better option is to learn more about the candidates during interviews and reference checks. It’s better for the candidates, and that process can prevent districts from missing out on a great hire. 

The first bullet point of the bill has been the most controversial. Some superintendents were concerned that if principals and assistant principals were allowed to bargain more than just salary and the number of contract days, it would create another labor group that could create contentious relationships. After meeting with partners, including WASA, we asked for this section of the bill to be removed. There is a striking amendment that has been introduced to do just that. 

This same amendment also introduces a salary floor for school administrators relative to a district’s teacher salary schedule. It states the lowest paid assistant principal should make 5% more than the highest paid teacher. For principals, the gap should be 15%. Given the typical contract for principals and assistant principals includes 20% more working days, we can’t imagine there are many districts who aren’t already meeting this requirement when comparing base salaries. Unfortunately, the current fiscal note on the bill estimates the potential costs of bargaining working conditions, which should be struck from the bill. We don’t know the extra costs of adding a salary floor. 

SB 5085 was never intended to be an unfunded mandate or to have a fiscal component. It’s a first step towards making it easier to recruit, retain, and sustain our school leaders.

The other bill, SB 5175, simply ALLOWS districts to offer a three-year contract. Principal positions, especially at the high school level, are getting harder and harder to fill. The ability to offer or accept a three-year contract is one possible incentive to help reduce principal turnover. It can also provide the support a principal needs to dismantle systems that are bad for kids. We know change takes time, so we need our principals making decisions with a long-term vision and a plan, not simply leading to have a job the following year. 

As for the concern about buyouts? There are many ways to write a contract to give principals and assistant principals a little more protection and security while protecting the district’s ability to move on from cases of misconduct or mismanagement. 

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Why We’re Here

Over the past few decades, the expectations for the role of the principal have changed. Principals are no longer just expected to manage the school but also to be the instructional leader, crisis manager, social worker, etc. Many principals report the job has grown more complex post-Covid. And if we want strong students filled with hope, we need strong schools to create them. Strong schools don’t exist without strong principals or assistant principals. 

Every job in k-12 plays an important role in our students’ success, but systematically, it makes sense to invest in principal leadership. Why? Listen to what The Wallace Foundation has to say.

...based on research since 2000, the impact of an effective principal has likely been understated, with impacts being both greater and broader than previously believed: greater in the impact on student achievement and broader in affecting other important outcomes, including teacher satisfaction and retention (especially among high-performing teachers), student attendance, and reductions in exclusionary discipline.

Can we just break that down for a minute? A greater impact on student achievement, so a direct impact on learning. And a broader impact on other important outcomes, like how they call out better teacher satisfaction and retention. We cannot create more equitable outcomes for students without a focus on attendance and reductions in exclusionary discipline. Just like our School Leader Paradigm, the principal directly affects the school’s culture, systems, and learning outcomes.

The Wallace Foundation also said:

An effective principal’s impact is stronger and broader than previously thought, making it ‘difficult to envision’ a higher return on investment in K-12 education than the cultivation of high-quality school leadership.

When they say the principal’s impact is stronger and broader than previously thought, keep in mind their previous research concluded principals had the second largest impact on student achievement, right behind a great classroom teacher. 

We’ll be putting together more links and resources to the research about the important roles principals and assistant principals play and the value investing in school leadership can return. But for now, we’ll leave you with two more quick nuggets to think about as we talk about our truths. First, only one in four principals is in the same school after five years. Secondly, it takes years to improve a school’s culture and build the systems necessary to impact learning for all. Those are two conflicting data points when considering the alarmingly high principal turnover rates across all grade levels, regions, and contexts.

We are the only organization in the state dedicated to advocating for and supporting principals, so it’s our duty to act. The intent of these bills is to provide more support for our current and future school leaders. While there isn't a magic wand or a single fix to make attracting, retaining, and sustaining effective principals, these bills are a good start. And yes, let’s increase the allocation for school leaders in the prototypical funding formula, but the reality we hear from legislators is that’s not going to happen this year. It’s also not going to fix the realities our leaders are facing. Even if every school could hire one additional AP, where are we going to find them? The market of exceptional leaders ready to take on the challenges of school leadership is shrinking fast. 

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Our Truths

There are many reasons for that. Let’s look at the things we know to be true. 

• According to our state surveys and in line with national surveys, the average principal or assistant principal is working six days a week for nearly 60 hours a week.

• We’re receiving more calls in our office from principals in need of support, and we’re seeing an alarming amount of burnout and mid-year resignations.

• We see far too many principals and APs put on administrative leave for months at a time without any resolution. In most cases, there’s no evidence of any wrongdoing. 

• We are seeing more jobs posted for longer periods and with fewer applicants. 

• We hear of more and more AP positions simply going unfilled.

• In many districts, we’ve also seen the gap between principals' and assistant principals' salaries and teacher salaries narrow substantially. 

• We’re seeing lower numbers for many of our state's principal prep programs, which holds true for our Washington State Intern Grant Program.

• Of the people in our intern programs, the number of them wanting to lead a high school is shrinking to dangerously low levels. 

The question we hear more and more, whether from teachers, legislators, lawyers we work with, or even current principals: “Why would anyone want to be a principal?” 

Well, the answer is, despite being one of the toughest jobs in the world, we still believe it’s also one of the most rewarding and satisfying jobs. Our school leaders make a difference and leave a forever impact. What else do we believe?

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Our Beliefs

• Unless we fix some of these structural issues, things will get worse before they get better.

• The principal problem isn’t just a principal problem. Shrinking numbers of school leaders combined with higher rates of turnover is costly for districts in terms of actual dollars and lost opportunities. It hurts teachers and kids, too, and has a direct impact on student achievement. 

• Our system needs school leaders to stay in place long enough to make a difference. We also need some of our principals and assistant principals to take on roles in the central office and become superintendents themselves. 

For all of those reasons and more, we believe this principal problem is everyone’s problem. We need tangible solutions now. 

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What We Hope

If you’ve stayed with me this long, thank you, and if you know anything about me and AWSP, you know we’re all about hope. I’ll leave you with a few things we hope and are hopeful for. 

• We hope people are aware this isn’t our bill anymore. We can always advocate, just like we have and the bill’s opponents do, but it’s ultimately up to the Legislature at this point. 

• We hope people understand principals are always stuck in the middle, just like we find ourselves in. Principals don’t have the power and authority of the superintendent or district office nor the strength in numbers of teachers or classified staff.

• We hope to see thriving numbers in our intern grant and prep programs again and to stop getting calls from panicked superintendents because they can’t find qualified candidates to fill their open positions. 

• To our members across the state, we hope you understand how hard we work on your behalf and how much we value and appreciate everything you do. 

• To our partners across the state, we hope you realize the urgency we feel in doing something concrete and right now. More importantly, we hope you realize how much we value our relationships and partnerships. It takes all of us to make a difference for kids. 

Thanks again for watching, listening, or reading. We believe every student and teacher deserves great school leaders. Our intent with these bills was to create policy changes to help make that belief a reality. We know the status of these bills is likely to change, and it might even change by the time you’re getting this message. If you have any questions, please reach out to myself or my team. Keep checking our website for more updates and resources. And on behalf of all of us here at AWSP, and our foundation family at AWSL, Cispus, and Outdoor Schools WA, keep up the great work for kids. 

Did you know about this AMAZING AWSP member benefit?

• YOU: A busy school leader who wants to invest in your professional learning and read all the education books but is short on time
• US: Your professional membership association who is here to help
• THE MAIN IDEA: An awesome member benefit from Jenn David-Lang that allows you to access a condensed summary and resources about the latest and most important education reads

• Learn the core ideas of 8-10 powerful education books a year
• Improve your knowledge to improve your school
• Stay current on education trends
• Provide in-house professional development sessions
• Use the ideas from the summaries in working with individual teachers
• Rejuvenate yourself and your teachers by infusing your school with new ideas

The Month of Time Change, Spring, Leprechauns, and Anticipation for Break

Happy March, Friends. There are so many lovely things that March brings to education. However, it is also one of the toughest months for our staff. I encourage you to simply choose 1 or 2 days to celebrate with your staff this month. Another great idea is to have "Secret Leprechauns" — think secret Santas — staff volunteer to be each others secret Leprechaun and surprise them with treats throughout the St. Patrick's Day Week. This is the month we all need a little inspiration so use this month's newsletter to inspire you to encourage and celebrate your team. Peace and Love, Cindy.

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March Days to Celebrate

March 1 | "National Peanut Butter Lover's Day" (not fair to those of us with peanut issues but....) |Provide staff with a buffet of peanut butter products (peanut butter cookies, nutter butter cookies, peanut butter cups). Or you could give staff an individual Jiff To Go Peanut Butter cup with their choice of a chocolate bar, apple, pretzel or banana to dip into their cup. Place a little sticker that says "to help charge your batteries when you are on the go."

March 2 | "Read Across America Day" |Put a poster up on the wall in the staff room and encourage staff to write what they are currently reading and the audience it is written for.

March 3 | “National Cold Cuts Day” | I am thinking of hosting a sandwich bar to celebrate today. Create a google for the necessities and have staff join in a “potluck” kinda of Friday. Staff could sign up for condiments, veggies, breads, cold cuts, and chips—all of the fixings to end the week.

March 6 | “National Frozen Food Day” and “National Oreo Cookie Day” | Two simple ideas to celebrate—pick up some of the Oreo to go packages that have 6 cookies in them and hand them out to staff. Add a sticker wishing them a great day. As for National Frozen Food Day, what if you asked each staff member to donate a frozen food item to the staff freezer. These could be used for staff who forget their lunch.

March 7 | "National Cereal Day"|Have a smorgasbord of travel cereals available for staff to greet them this morning. Include a little note of positivity such as "Breakfast the Meal of Educational Champions" or "Hope this starts your Tuesday off healthy and full."

March 10 | "National Pack Your Lunch Day" |turn your staff room or another place staff eat into a fun "restaurant-like" atmosphere by using tablecloths, fake candles, music, place settings, real utensils, cloth napkins, and fresh flowers.

March 10 | "National Ranch Day "|Similar to peanut butter day provide individual sides of ranch with various treats to dip into. This could include potato chips, a veggie tray, or a salad bar. Note: many stores have individual vegetable servings with ranch that are rather nominal. Include a sign that says "You are the BIG dipper to our students and families."

March 14 | "National Pi Day" | Treat everyone to an individual pie.

March 14 | National Potato Chip Day |This is ridiculously easy by going to your neighborhood store and picking up a variety pack of chips AND it is also “National Write Down Your Story Day”—what if you asked staff to write about a success they have had this month that will make a difference in someone else’s life? Stories could be shared in the staff room or use on your schools social media account.

March 15 | "Ides of March" | Hello Shakespeare. End all of your conversations and announcements today by saying "et tu Brute?" PS I LOVE Shakespeare!!

March 16 | "Absolutely Incredible Kid Day" |I LOVE this DAY. This is a fabulous day to ham up with your students and let them know this very special day was created to celebrate them.

March 17 | "St. Patrick's Day" | Here is a fun idea. Go to the website: Just Candy and order the collection of green only candy. Put the green candy in glass jars to pretty them up (can be purchased at the dollar tree). Other ideas include guess how many pieces of candy are in the jar or how many ounces the corned beef weighs. (Purchase a couple and combine the weight closest guesses wins the corned beef)

March 21 | “National French Bread Day” | Help staff figure out what they will have as part of their dinner tonight by purchasing a loaf of French Bread for everyone.

March 22 | "World Water Day" | Everyone gets a bottle of water and they can choose from various mixtures and flavorings to add such as lemonade, Hawaiian punch, spark, or tea. Basically anything you can find the powdered drink section.

March 23 | "National Chips and Dips Day" | Be creative with the various chips and dips you can find and create an afternoon snack for your team.

March 24 | "National Chocolate Covered Raisins Day” | Easy one to pull of today!!

March 28 | “National Something on a Stick Day” | Cake Pops in the afternoon to help everyone get through this Tuesday afternoon.

March 30 | "National Pencil Day" | Everyone gets a new pencil today to celebrate how "sharp" they are.

March 31| "National Crayon Day" and also more importantly my momma's birthday!! Happy birthday mom!! | On this very special day purchase a few adult stress relieving coloring books. (There are some great ones on line—make sure you are careful when ordering these—there are a few inappropriate ones available for purchase) Place the books and crayons in the staff room for staff to color and have a coloring competition. Students can vote on their favorite for a winner.

Cindy is in her 23rd year as a school administrator. She is currently the principal of Kelso Virtual Academy and Loowit Alternative High School within the Kelso School District in Kelso, Washington. Cindy has been recognized by the National Association of Secondary School Principals as the 2021 National Digital Principal of the Year. She has two teenagers and has been married to her husband, Leszek for 23 years. Find her on Twitter @sholtys.

Cutoff Week is Here

The first cutoff of this year’s legislative session is today, February 17, where policy bills must pass out of their committee of origin. The deadline for bills to move out of fiscal committees (House Appropriations and Senate Ways and Means) is next Friday, February 24. My bill tracking list will thankfully get shorter tomorrow, and we’ll be able to focus on the significant bills that remain in play. 

Update on the Principal Bills

SB 5085, our principal bill, has a striking amendment posted on the Senate Floor Calendar. While it has not yet been scheduled for a vote, we hope that happens soon. You’ll see in this amendment that the revised bill would still do these three things:

• provide more protections for assistant principals, 

• allow principals and assistant principals to retain years of experience as educators if transferring to different roles, 

• and clarify required training for evaluations. 

In addition, this amendment removes the section that would have allowed principals and assistant principals to bargain working conditions. We asked Senator Lisa Wellman to remove this language after many hours of conversation with our board members and after meeting several times with WASA. We plan to meet soon with WASA to begin identifying tangible solutions that will attract, retain, and sustain our school leaders. 

At the same time, Senator Kevin Van De Wege came forward with an idea to provide a minimum salary for assistant principals that is 5% higher than the maximum salary on each district’s teacher salary schedule (base pay) and a minimum salary for principals that is 15% higher than the maximum salary on each district’s teacher salary schedule (base pay). There is also a clause that assures that no one would go backward from their current salary. We don’t know the financial impact or cost of this amendment. We hope these gaps already exists in the majority of our districts, but we know that this may not be the case everywhere.

Senator Wellman also introduced SB 5175 which would allow (not require) districts to offer principals up to a three-year contract. This bill moved out of the Senate Early Learning and K-12 Committee and was recently pulled a step closer by the Senate Rules Committee to being placed on the Senate Floor Calendar. 

Both of these bills address some important pieces to provide greater job protection and support for you. We know the demands of your job are significant. We also believe these changes are critical in order to attract future leaders. Stay tuned for much more about these bills next week. 

Policy Bills

Several important bills had major revisions this week as they moved out of the education committees. Bill reports provided by nonpartisan staff are always helpful in understanding each bill’s key aspects (and the subsequent changes made to each draft), but they aren’t yet ready as of this writing. I will get a better sense of the substantive changes made to each bill from reading the updated versions and the very helpful bill reports. Until then, here are links to some key bills:

• HB 1479 | Concerning Restraint and Isolation

• HB 1550 | Establishing a Transition to Kindergarten Program

• HB 1504 | Elementary Recess (companion bill in the Senate SB 5257) 

• SB 5670 | Permitting 10th Graders in Running Start (this bill was amended this week to allow 10th graders to take only online courses and only five credits/quarter)

• SB 5048 | Eliminating College in the High School Fees

Here is the complete list of bills I’m tracking. (We’ll update this over the weekend after the February 17 cutoff.)

Get Involved

Our advocacy efforts need all of our voices to contribute to the process. There are many different ways (big and small) that you can get involved in these efforts. Your participation can be as easy as doing an action alert to email your legislators or signing in support of a specific bill. Or, if you feel really passionate about a particular bill, we would love to have you testify. It takes all of us to make an impact!

If you have questions or comments or want to get involved, please reach out to me.

Fiscal note; State of Washington

“Non-zero but indeterminate cost and/or savings.”

 Committee Agenda: State of Washington

PUBLIC HEARING

“BILLS TO BE DETERMINED.”

The focus is and will remain so for this week and next on moving bills through committee Executive Sessions to their respective Rules’ Committees. The few that advance will be placed on floor calendars for possible passage. (March 8^th is the deadline for bills to have cleared their house of origin.)

Caveat: Bills that are necessary to implement the budget (NTIB) remain alive beyond any of these deadlines. (Although, what makes a bill NTIB is fairly loosely defined.)

The difficulty in tracking and understanding proposed legislation is often because of the quotes given above. Information is either not available or late to announce. The process is akin to a living, evolving organism whose final appearance may well be a surprise.

Given the above, listed below are bills that appear to be moving or have made it to the opposite house.

Retirement Related Proposals

To repeat: Previous reports have covered the bills related to addressing the lack of a cost-of-living increase (COLA) for members in TRS/PERS Plans 1. They are HB 1057/SB 5350, HB 1201/SB 5294, and HB 1459. These all had public hearings but have yet to be scheduled for Executive Session in their respective committees.

At this point, all the bills are in limbo. There is division between the House and Senate approach and division within their own caucus groups as to which pension proposal to support.  

SHB 1007: Concerning interruptive military service credit for members of the state retirement systems.

Comment: Retirement credit can be awarded in any armed conflicts if the participant was awarded the respective campaign or expeditionary badge or medal…. the ‘expeditionary badge' qualifier was added.

HB 1007 passed the House 97/0 and has moved to the Senate Ways and Means.

HB 1008: Concerning participating in insurance plans and contracts by separated Plan 2 members of certain retirement systems.

Comment: This bill would simply make retiree insurance provisions uniform and equitable for Plan 2 and 3 members.

HB 1008 passed the House 93/0 and has been moved to Senate Ways and Means.

SHB 1056/ SB 5349: Repealing some post-retirement employment restrictions.

Comment: Beginning January 1, 2024, any current or future retiree under the provisions of early retirement may utilize the 32 postretirement employment provisions of RCW 41.32.802(2) for up to 867 hours per year.

SHB 1056 passed the House 93/0 and has moved to Senate Ways and Means. SB 5349 is in Senate Rules.

SSB 5121: Extending the expiration date of the joint select committee on health care oversight.

Comment: The expiration date of this committee is to be extended. Its goal must be to ensure that these multiple health and insurance regulatory agencies are not duplicating their efforts and are working toward a goal of increased quality of services leading to reduced costs to the health care consumer.

Passed Senate 48/0 and has moved to the House Health Care and Wellness Committee.

SB 5169: Concerning health care plans administered by the health care authority that is available to Medicare-eligible retirees.

Comment: Requires the Public Employee Benefits Board to allow Medicare-eligible retirees access to the Uniform Medical Plan Classic-Medicare plan. • Directs the Health Care Authority to report to the Legislature by December 1, 2023, with its findings related to stakeholder engagement related to affordable government self-insured plans with benefits that are equal to or richer than Uniform Medical Plan Classic-Medicare.

Scheduled for Executive Session 2/16 before Senate Health Care committee.

Other Areas of Potential Fiscal Impact (and often unfunded) to Districts

SHB 1068: Concerning injured workers' rights during compelled medical examinations.

Comment: This allows an injured worker to make an audio and video recording of a compelled medical examination and to have one person of the worker's choosing present during the examination. 

This bill passed the House 65/33 and will be moved to the Senate Health and Long-term Care Committee.

SHB 1105:  Requiring public agencies to provide notice for public comment that includes the last date by which such public comment must be submitted.

Comment: Mandates a public agency that is required to solicit public comment for a statutorily specified period of time and to provide notice that it is soliciting public comment to include in the notice the last day by which written public comment may be submitted. Makes an agency that violates the requirement to include in a notice for public comment the last day by which written comment may be submitted subject to a civil penalty of $500 for the first violation and $1000 for any subsequent violation.

This has been moved to Rules Committee.

SHB 1106: Concerning qualifications for unemployment insurance when an individual voluntarily leaves work.

Comment: Expands access to unemployment insurance benefits by adding circumstances where a person may voluntarily quit for good cause.

This bill has been placed on House floor calendar for possible action.

SHB 1136: Requiring employers to reimburse employees for necessary expenditures and losses.

Comment: Requires employers to reimburse employees for all necessary expenditures and losses incurred in direct consequence of their duties.

This bill has been moved to the House floor calendar for possible action.

HB 1187: Concerning privileged communication between employees and the unions that represent them.

Comment: To effectuate the public policy favoring effective collective bargaining, it is necessary to protect confidential union–employee communications in the course of union representation against disclosure.

Scheduled for Executive Session on 2/10 before House Labor Committee.

HB 1200: Requiring public employers to provide employee information to exclusive bargaining representatives.

Comment: Requires certain public employers to provide exclusive bargaining representatives' information, such as contact information, date of hire, salary, and job site location of employees in bargaining units if the employer has that information in its records. Allows an exclusive bargaining representative to bring a court action if a public employer fails to comply with the requirement to provide information.

HB 1200 has been moved to House Rules.

 EHB 1210:  Concerning the recording of school board meetings.

Comment: Specifies that a public records request for recordings of school district board of directors meetings must include the date of the meetings requested or a range of dates. Provides that searches for public records need not include recordings of school district board meetings unless a date is given. Requires all school district board meetings to be audio recorded, subject to exceptions for executive sessions and emergencies, with recordings kept for at least one year. Encourages school districts to make the content of school board of directors meetings available in formats accessible to individuals who need communication assistance and in languages other than English.

This bill passed House 96/1 and has been moved to the Senate State Government Committee for a public hearing 2/17.

SHB 1248: Concerning pupil transportation.

Comment: Requires the Superintendent of Public Instruction to provide transportation safety net awards to school districts with excess special passenger costs for special education, homeless, and foster students, as defined in the operating budget. • Requires that school district contracts for pupil transportation services must include sufficient funds to provide employees of the contracting employer with health benefits and pension contributions equivalent to those of school district classified employees. • Provides one-time supplemental allocations to districts that experience higher costs because of the new contract requirements.

This bill has been moved to House Rules for possible action.

SHB 1320: Concerning access to personnel records.

Comment: Specifies that an employer must provide the employee's complete, unredacted personnel file within 14 calendar days of the request from the employee, former employee, or their attorney, agent, or fiduciary. • Requires an employer to provide to a former employee, upon request, a statement of the employee's discharge date and reasons, if any, for the discharge. • • Creates a private cause of action to enforce the requirements. Requires the Department of Labor and Industries and the Employment Security Department to provide employers with information regarding the employer's obligations and the employee's rights.

Has been moved to House Rules for possible action.

HB 1785: Establishing COVID-19 as an occupational disease.

Comment: The legislature finds that it is an important and essential protection for workers who contracted COVID-19 during the COVID-19 pandemic to be fully protected and covered under our workers' compensation system.

A public hearing is scheduled for 2/17 before House Labor Committee.

SB 5059:  Concerning prejudgment interest.

Comment: This was proposed last session. Briefly stated, judgments founded on the tortious conduct of a "public agency" shall bear interest from the date (of entry) the cause of action accrued. So if a district is found liable for neglecting to act in a child’s best interest years after the fact, it will pay a penalty and interest from the day the neglect/damage first occurred, from the date the action is commenced, or the date the minor attains the age of eighteen years, whichever is earlier.

A public hearing was held 2/7 before Senate Ways and Means. No further action has yet been scheduled.

SSB 5061/SHB 1320: Concerning access to personnel records.

Comment: Requires an employer to furnish an employee with a complete, unredacted copy of their personnel file at no cost within 14 calendar days of a request. • Mandates an employer to furnish a former employee with a signed written statement with the effective date of discharge, whether the employer had a reason for the discharge, and if so, the reasons, within 14 calendar days of the written request. • Allows an employee or former employee to bring a private action for violations of certain rights regarding personnel files, discharge information, and redaction logs, and entitles the employee to equitable relief, graduated statutory damages up to $1,000, and reasonable attorneys' fees and costs of each violation.

SHB 1320 includes: Requires the Department of Labor and Industries and the Employment Security Department to provide employers with information regarding the employer's obligations and the employee's rights.

SSB 5061 referred to Ways and Means on 2/8. SHB 1320 has been moved to Rules for possible action.

SB 5084/HB 1558: Creating a separate fund for the purposes of self-insured pensions and assessments.

Comment: Creates a self-insurance reserve fund for payments from self-insured employers related to workers' compensation pensions and from the overpayments reimbursement fund.

SB 5084 is in Senate Rules. HB 1558 is in House Rules.

SSB 5123: Concerning the employment of individuals who lawfully consume cannabis.

Comment: Prohibits employers, with some exceptions, from discriminating against a person in hiring if the discrimination is based on the person's use of cannabis outside of work or on certain employer-required drug screening tests.

Passed to Rules Committee.

SSB 5237: Establishing complaint procedures to address noncompliance with certain state education laws.

Comment: Directs the Office of the Superintendent of Public Instruction (OSPI) to establish procedures to investigate and address complaints alleging noncompliance with state laws concerning civil rights; harassment, intimidation, and bullying; certain curriculum requirements; the use of restraint or isolation on a student; and student discipline. • Requires school districts to submit compliance action plans if OSPI finds noncompliance with any of these state laws and allows OSPI to impose certain consequences. • Amends the oath that elected or appointed school directors take to include that they must support Washington laws.

Currently in Senate Ways and Means committee.

SB 5240/ HB 1656: Concerning unemployment insurance benefits appeal procedures.

Comment: A dispute of an individual's initial determination, determination of allowance or denial of allowance of benefits, or redetermination of allowance or denial of benefits, all matters covered by such initial determination, determination, or redetermination shall be deemed to be in issue subject to appeal.

SB 5240 has been sent to Senate Rules Committee. HB 1656 is in House Rules.

SB 5275: Expanding access to benefits provided by the school employees' benefits board.

Comment: Allows tribal compact schools, employee organizations representing school employees, and school board directors the option of providing health care through the School Employees' Benefits Board.

Moved to Senate Rules; awaiting further action.

SSB 5286: Modifying the premium provisions of the Paid Family and Medical Leave program.

Comment: Amends the premium rate calculation in the Paid Family and Medical Leave program (PFML) to be based on a specified formula rather than the Family and Medical Leave Insurance Account (Account) balance ratio on September 30th of the previous year. Sets a maximum rate of 1.2 percent and removes the Employment Security Department's authority to assess a solvency surcharge if the Account balance ratio falls below a certain threshold.

Passed Senate 48/0 and moved to House 2/3, awaiting a date for public hearing before House Labor.

SB 5485: Concerning public employee reimbursement for child and adult dependent care expenses.

Comment: Allows for public employees to seek reimbursement of childcare and adult dependent care expenses incurred while traveling on official business.

Before Senate Ways and Means awaiting scheduling.

Fred Yancey
The Nexus Group LLC

The content from this post comes from Dr. Whitehead's weekly email.

These emails are sent out weekly to leaders in special education and Section 504. Each email contains tips and resources on a variety of topics that are meant to keep you informed and up to date. Please consult your district attorney if you are looking for legal advice, as this is out of my realm. The opinions contained herein are my own.

Please feel free to reach out if you have ideas on topics and resources. This week’s emails include links to information on: 

Everyone:
Thanks for being in the arena
Update To HB 1479, the Restraint and Isolation Bill

504:
Culturally responsive teaching

Special Education & 504 Case Law:
National Compilation of Case Law 1998 to Present — NEW
Section 504 and ADA — February Edition

Special Education:
Paraprofessional Support Article

Legislative Tracker Link

• Yellow — OSPI requested
• Purple — Sped 

OSPI:
February Updates

Upcoming Classes and Events:

Special Education Teacher PD

• 151422 Refining Special Education Services for Improved Outcomes
• 151424 Refining Special Education Services for Improved Outcomes
• MTSS Support
• Washington SEL Institute
• Call for Presenters: SLP Conference
• IPP & UDL
• Dr. Alicia Roberts-Frank admin training 
• Dyslexia and MTSS Support
• Computer Science: Senate Bill 5088

We'd Love For You to Get Involved

Are you looking for a way to get involved with AWSP and serve with your colleagues from across your region and state? We have the perfect opportunity for you! Applications to serve on a Grade Level Leadership Committee (GLLC) are open!

Serving on a GLLC as a Regional Representative launches you into a regional and statewide network of other school leaders walking the same leadership journey as you. Principal voice has never mattered so much as it does now, and in this role, you will advocate for what is best for kids and your fellow school leaders. Individually, you bring your experience, background, and context to the table, and collectively your voices can inform good and bad policy decisions at the state and national levels. 

Your commitment is to a three-year term, and our meetings are scheduled far in advance, which should provide adequate time to make calendar arrangements on your end. We have also shifted many of our in-person meetings to more regularly scheduled virtual gatherings in an effort to increase access, voice, and participation while also reducing your time out of the building.

Need some more convincing? Here’s what some of our current GLLC Representatives had to say when asked, “Why should someone get involved by serving on a GLLC? What have you gained through serving?”    

Testimonials

I enjoy serving on the GLLC and consider it a privilege.  I have met and learned from smart, caring, dedicated principals from around the state.  The other GLLC principals provide mentorship, and my capacity has increased because of the time we spend together on job-related issues and topics.  I have also benefitted from the guidance, time and support from the AWSP leadership team.  They understand our jobs and ensure our meetings contain relevant topics and time to problem solve in small groups.  

Tom Adams, Principal Curtis High School | ESD 121 High School Regional Rep

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I have had the privilege to be part of the middle level GLLC for most of the 10 years I have been a principal. Being involved has provided me the best professional development I have experienced as an administrator, and an unmatched network of colleagues who are knowledgeable, supportive, and fun. I am a far better principal than I otherwise would have been, had I not had someone tap me on the shoulder and invite me to get involved.

Dave Riddle, Principal LaVenture Middle School | ESD 189 Middle Level AWSP Pres Elect/Past Chair/Regional Rep

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My experience with AWSP has provided the best professional development during my last 22 years of being a principal. It is timely, relevant and applicable. I love the friendships I have developed over the years with so many principals from all over the state. I have the best network of support with principals and AWSP staff that anyone could hope for. Joining a GLLC is an excellent investment in your career.

Erika Burden, Principal Westwood Middle | Budget/ESD 101 Middle Level Regional Rep

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Being a part of AWSP has been good for me in many ways:    

• It keeps me current on best practices.
• Ongoing professional development.
• Friendships across the state that I would have never had otherwise.
• It has pushed me out of my comfort zone.
• I am a better leader.

Stephanie Teel, St Helens Elementary | ESD 112 Budget Chair/Elementary Regional Rep

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I enjoy the strong network of trusted professionals who know what I am going through and provide valuable support and ideas to help me navigate the work in my building.

 

Derek Forbes, Principal Meridian HS/Meridian SD CTE Director | NASSP/ESD 189 High School Regional Rep

---

I have had the privilege to be part of the middle level GLLC for most of the 10 years I have been a principal. Being involved has provided me the best professional development I have experienced as an administrator, and an unmatched network of colleagues who are knowledgeable, supportive, and fun. I am a far better principal than I otherwise would have been, had I not had someone tap me on the shoulder and invite me to get involved.

Dave Riddle, Principal LaVenture Middle School | AWSP Pres Elect, Past Chair, ESD 189 Middle Level Regional Rep

Video Testimonials

Woody Howard, Principal Ben Franklin Elementary | ESD 112 Chair/Elementary Regional Rep        

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Miranda Smallwood, Principal Kingston High School | ESD 114 Regional Rep

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Theresa Shinn, Assistant Principal Wapato Middle | ESD 105 Middle Level Chair/Regional Rep

AWSP’s very own Raquel Martinez, principal of Isaac Stevens Middle School in Pasco, has been named the National Association of Secondary School Principals’ (NASSP) new president-elect. Martinez has served on the NASSP Board of Directors as part of the Advocacy and Governance Committees. She is the first Latina president of NASSP.

Martinez’s background and upbringing have helped her succeed as a principal leading a school of just over 95% Hispanic students (Washington Office of Superintendent of Public Instruction). In an article from EdWeek by Denisa R. Superville, Martinez is described as one who “hopes that seeing someone with a similar background in such a visible role will help students set high expectations for themselves.” 

NASSP is thrilled to welcome Martinez to the position of President-Elect. According to NASSP CEO Ronn Nozoe, in their press release, Martinez “has the experience, character, and passion needed to advocate for an equitable system that works for all students and educators.”

When asked about finding someone to serve on the national board from our state, Dr. Scott Seaman, Executive Director of the Association of Washington School Principals, said that was an easy decision. “Diversity aside, her reputation in the region as a tremendous student-centered leader and tireless advocate for creating a hope-filled school is why I approached Raquel,” Seaman said. Five years later, she “still leads with humility” and is a “true blessing” to education.

Congratulations, Raquel! We are so proud of you.

Read more at:

 Tri-City Herald: First Latina Selected to Lead National Principals Group

EdWeek Article: First Latina Selected to Lead National Principals Group

The content from this post comes from Dr. Whitehead's weekly email.

These emails are sent out weekly to leaders in special education and Section 504. Each email contains tips and resources on a variety of topics that are meant to keep you informed and up to date. Please consult your district attorney if you are looking for legal advice, as this is out of my realm. The opinions contained herein are my own.

Please feel free to reach out if you have ideas on topics and resources. This week’s emails include links to information on: 

Everyone:
6 Tips for Reflection and Helping Educators with Mindfulness

504:
ADHD Accommodations

Special Education & 504 Case Law:
National Compilation of Case Law 1998 to Present — NEW
Section 504 and ADA — February Edition

Special Education:
TAP No 6: Paraeducators and Students Eligible to Receive Special Education Services—Thank you Shawn Brown for sharing this with another colleague. 

Legislative Tracker Link

• Yellow — OSPI requested
• Purple — Sped 

OSPI:
January Updates

Upcoming Classes and Events:

• Washington SEL Institute
• Call for Presenters: SLP Conference
• IPP & UDL
• Dr. Alicia Roberts-Frank admin training 
• Dyslexia and MTSS Support
• Computer Science: Senate Bill 5088

Cut-off is Coming!

This was essentially the last week that new policy bills were heard in committees as the cutoff for bills to pass out of committees of their house of origin is next Friday, February 17. Next week’s committee hearings will focus more on executive session when bills may be amended and then formally passed out of committee or not. After next week, my bill tracking list will definitely be smaller as some bills won’t make it.

The momentum is shifting to talking about the fiscal implication of bills. The next cutoff date is Friday, February 24 when bills need to pass out of fiscal committees in both the House and the Senate.

Special Education Funding

Bills in both the House and Senate related to increasing funding for special education were heard this week. SB 5311 has been improved from its original bill to provide a greater level of funding. The special education funding cap would increase from 13.5% to 15% and the multipliers increase as well. On the other hand, the substitute bill for HB 1436 lowers the funding. There are some steps to increase the cap and the multipliers, but it is much less than the initial bill. In addition, funding for the Inclusionary Practices Project was also removed which is very concerning. We know that there have been fantastic strides in professional learning and instructional practices related to Inclusionary Practices and this good work needs to continue.

Bill Updates

Here’s an update to the most talked about bills this session. 

• There is a revised bill for HB 1550 related to Transitional Kindergarten. The House Education Committee should take action on this bill next week. 

• Meetings continue next week to keep working through revisions to HB 1479, the Restraint and Isolation bill. 

• The Senate version of the Recess Bill, SB 5257, was amended to require only 30 minutes of recess (rather than 45 minutes). The companion bill in the House, HB 1504, had a hearing this week and is scheduled for executive action next week.

• SB 5085, our principal bill, has a substitute version that is now available that no longer includes the section on “working conditions” but now includes a section that would provide a minimum salary for assistant principals that is 5% higher than the highest paid teacher and a minimum salary for principals that would be 15% higher than the highest paid teacher. In addition, there is a clause that assures that no one would go backward from their current salary. Our intent with this bill is to provide greater job protections and supports for you because we know that the demands of your job are significant. We also believe we need to make some changes in order to attract future leaders.

• There are several bills related to dual credit courses and an effort to reduce the costs of College in the High School programs for students. I testified “con” this week on SB 5670 that would allow 10th grade students to take online Running Start courses only and have heard that there is an amendment in the works to narrow the scope of that bill. HB 1308 would add a performance pathway as an option for districts to use as a graduation pathway and this bill looks to be moving forward. There are companion bills (HB 1273 and SB SB 5243) that would provide a common High School and Beyond Plan platform and make some other modifications to this graduation requirement.

For the full list of bills being heard this week, check out my complete bill tracking document. 

Our advocacy efforts need all of our voices to contribute to the process. There are many different ways (big and small) that you can get involved in these efforts. Your participation can be as easy as doing an action alert to email your legislators or signing in support of a specific bill. Or, if you feel really passionate about a specific bill, we would love to have you testify. It takes all of us to make an impact!

If you have questions or comments or want to get involved, please reach out to me.

“I learned a long time ago the wisest thing I can do is to be on my own side, be an advocate for myself and others like me.” Maya Angelou

Educate patiently, advocate passionately, and inspire consistently.

The importance of advocacy cannot be overstated. Legislators need to continually hear from those impacted by proposed legislation. A lobbyist can keep issues in front of legislators, but those most closely impacted, particularly constituents, carry much more weight. Enough said.

Listed below are bills that appear to be moving. Some previously reported bills have been dropped but may re-appear in future reports.

Retirement Related Proposals

Previous reports have covered the bills related to addressing the lack of a cost-of-living increase (COLA) for members in TRS/PERS Plans 1. They are HB 1057/SB 5350, HB 1201/SB 5294, and HB 1459. These all had public hearings, but have yet to be scheduled for Executive Session in their respective committees.

A little background: HB 1201 and HB 1459 have been suggested as a package deal. Last session’s supplemental budget ‘parked’ $800 million dollars earmarked to pay down the unfunded liability (UAAL) in TRS Plan 1. OFM has proposed using these funds elsewhere. (It does not seem coincidental that a number of agency requests are asking for $800M. Hmmm!)

The current rate/surcharge employers are paying to lower the UAAL will be decreased over time because of an assumed greater investment return than estimated by the State Actuary. WSSRA (School Retirees’ Assn.) is opposed to this move because of the uncertain investment environment we are in and in which the state is projected to remain in the near future. However, ‘in exchange’ for this proposal, HB 1459 would establish a capped permanent COLA for Plan 1 members. So, it’s a mixed bag. These older retirees deserve a COLA just like the other 12 retirement plans in the state, but exposing their plans to potentially increasing their unfunded liability is a problem. There is division within the Democrat caucus over this same issue. Attempts are being made to decrease the surcharge over time rather than the proposed elimination of the surcharge.

At this point, all the bills are in limbo with no planned further actions to date.

HB 1007: Concerning interruptive military service credit for members of the state retirement systems.

Comment: Retirement credit can be awarded in any armed conflicts if the participant was awarded the respective campaign or expeditionary badge or medal…. the ‘expeditionary badge' qualifier was added.

HB 1007 passed the House 97/0 and has moved to the Senate Ways and Means.

HB 1008: Concerning participating in insurance plans and contracts by separated Plan 2 members of certain retirement systems.

Comment: This bill would simply make retiree insurance provisions uniform and equitable for Plan 2 and 3 members.

HB 1008 passed the House 93/0 and has been moved to Senate Ways and Means.

SHB 1056/ SB 5349: Repealing some post-retirement employment restrictions.

Comment:Beginning January 1, 2024, any current or future retiree under the provisions of early retirement may utilize the 32 postretirement employment provisions of RCW 41.32.802(2) for up to 867 hours per year.

SHB 1056 passed the House 93/0 and has moved to Senate Ways and Means. SB 5349 was passed out of Executive Session.

SSB 5121: Extending the expiration date of the joint select committee on health care oversight.

Comment: The expiration date of this committee is to be extended. Its goal must be to ensure that these multiple health and insurance regulatory agencies are not duplicating their efforts and are working toward a goal of increased quality of services leading to reduced costs to the health care consumer.

Passed Senate 48/0 and has moved to the House Health Care and Wellness Committee.

Other Areas of Potential Fiscal Impact (and often unfunded) to Districts

SHB 1068: Concerning injured workers' rights during compelled medical examinations.

Comment: This allows an injured worker to make an audio and video recording of a compelled medical examination and to have one person of the worker's choosing present during the examination. 

This bill has been moved to House Rules.

SHB 1105:  Requiring public agencies to provide notice for public comment that includes the last date by which such public comment must be submitted.

Comment: Mandates a public agency that is required to solicit public comment for a statutorily specified period of time, and to provide notice that it is soliciting public comment, to include in the notice the last day by which written public comment may be submitted. Makes an agency that violates the requirement to include in a notice for public comment the last day by which written comment may be submitted subject to a civil penalty of $500 for the first violation and $1000 for any subsequent violation.

This has been moved to Rules Committee.

SHB 1106: Concerning qualifications for unemployment insurance when an individual voluntarily leaves work.

Comment: Expands access to unemployment insurance benefits by adding circumstances where a person may voluntarily quit for good cause.

This bill has been referred to House Rules Committee.

HB 1136: Requiring employers to reimburse employees for necessary expenditures and losses.

Comment: An employer shall reimburse an employee for all necessary expenditures and losses incurred by the employee in direct consequence of the discharge of the employee's duties. Reimbursement must be paid within 30 days of the employer's actual or constructive notice of the expenditure or loss.

This bill has been moved to House Rules.

HB 1187: Concerning privileged communication between employees and the unions that represent them.

Comment: To effectuate the public policy favoring effective collective bargaining, it is necessary to protect confidential union–employee communications in the course of union representation against disclosure.

Scheduled for Executive Session on 2/10 before House Labor Committee.

HB 1200: Requiring public employers to provide employee information to exclusive bargaining representatives.

Comment: Requires certain public employers to provide exclusive bargaining representatives' information, such as contact information, date of hire, salary, and job site location of employees in bargaining units if the employer has that information in its records. Allows an exclusive bargaining representative to bring a court action if a public employer fails to comply with the requirement to provide information.

HB 1200 has been moved to House Rules.

 EHB 1210:  Concerning the recording of school board meetings.

Comment: Specifies that a public records request for recordings of school district board of directors meetings must include the date of the meetings requested or a range of dates. Provides that searches for public records need not include recordings of school district board meetings unless a date is given. Requires all school district board meetings to be audio recorded, subject to exceptions for executive sessions and emergencies, with recordings kept for at least one year. Encourages school districts to make the content of school board of directors meetings available in formats accessible to individuals who need communication assistance and in languages other than English.

This bill passed House 96/1 and has been moved to the Senate State Government Committee.

HB 1248: Concerning pupil transportation.

Comment: One important part of the proposal is that it requires that school district contracts for pupil transportation services must include sufficient funds to provide employees of the contracting employer with health benefits and pension contributions equivalent to those of school district classified employees.

This bill had a public hearing on 1/23 and is scheduled for Executive Session on 2/13.

HB 1785: Establishing COVID-19 as an occupational disease.

Comment: The legislature finds that it is an important and essential protection for workers who contracted COVID-19 during the COVID-19 pandemic, to be fully protected and covered under our workers' compensation system.

A public hearing is scheduled for 2/17 before House Labor Committee.

SB 5059:  Concerning prejudgment interest.

Comment: This was proposed last session. Briefly stated, judgments founded on the tortious conduct of a "public agency" shall bear interest from the date (of entry) the cause of action accrued. So if a district is found liable for neglecting to act in a child’s best interest, years after the fact, it will pay a penalty and interest from the day the neglect/damage first occurred, from the date the action is commenced, or the date the minor attains the age of eighteen years, whichever is earlier.

A public hearing was held 2/7 before Senate Ways and Means. No further action has yet been scheduled.

SB 5061/HB 1320: Concerning access to personnel records.

Comment: Requires an employer to furnish an employee with a complete, unredacted copy of their personnel file at no cost within 14 calendar days of a request. • Mandates an employer to furnish a former employee with a signed written statement with the effective date of discharge, whether the employer had a reason for the discharge, and if so, the reasons, within 14 calendar days of the written request. • Allows an employee or former employee to bring a private action for violations of certain rights regarding personnel files, discharge information, and redaction logs, and entitles the employee to equitable relief, graduated statutory damages up to $1,000, and reasonable attorneys' fees and costs of each violation.

SB 5061eferred to Ways and Means on 2/8. HB 1320 scheduled for Executive Session 2/15 before House Labor.

SB 5084/HB 1558: Creating a separate fund for the purposes of self-insured pensions and assessments.

Comment: Creates a self-insurance reserve fund for payments from self-insured employers related to workers' compensation pensions and from the overpayments reimbursement fund.

SB 5084 passed Executive Session 2/7 before the Senate Ways and Means Committee. HB 1558 is scheduled for Executive Session 2/14 before House Labor.  

SB 5123: Concerning the employment of individuals who lawfully consume cannabis.

Comment: Prohibits employers, with some exceptions, from discriminating against a person in hiring if the discrimination is based on the person's use of cannabis outside of work or on certain employer-required drug screening tests.

Passed to Rules Committee.

SB 5174: Providing adequate and predictable student transportation.

Comment: Of concern is the provision that provides that pupil transportation services contracts entered into, renewed, or extended after September 1, 2023, must require the contractor to provide employee health and retirement benefits comparable to those received by school employees.

Scheduled for public hearing 2/2 before Senate Ways and Means Committee.

SB 5240/ HB 1656: Concerning unemployment insurance benefits appeal procedures.

Comment: A dispute of an individual's initial determination, determination of allowance or denial of allowance of benefits, or redetermination of allowance or denial of benefits, all matters covered by such initial determination, determination, or redetermination shall be deemed to be in issue subject to appeal.

SB 5240 has been sent to Senate Rules Committee. HB 1656 is scheduled for Executive Session 2/14 before House Labor.

SB 5275: Expanding access to benefits provided by the school employees' benefits board.

Comment: Allows tribal compact schools, employee organizations representing school employees, and school board directors the option of providing health care through the School Employees' Benefits Board.

Passed Executive Session 2/7 before Senate Ways and Means.

SB 5286: Modifying the premium provisions of the Paid Family and Medical Leave program.

Comment: Amends the premium rate calculation in the Paid Family and Medical Leave program (PFML) to be based on a specified formula rather than the Family and Medical Leave Insurance Account (Account) balance ratio on September 30th of the previous year. Sets a maximum rate of 1.2 percent and removes the Employment Security Department's authority to assess a solvency surcharge if the Account balance ratio falls below a certain threshold.

Passed Senate 48/0 and moved to House with public hearing 2/3.

Fred Yancey
The Nexus Group LLC