• Special Education and 504 Tips & Resources | April 21, 2023

    by David Morrill | Apr 21, 2023

     

    image of inclusion cutout people

    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:

    PNW SLP Summit Registration: Please feel free to pass this on to anyone interested. –Last chance to sign up!

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

    Everyone:

    Behavior Support Plan Template--- Thank you Jessica Whitehead!!!!

    504:
    Dyslexia and Anxiety in Kids
    How good must a 504 plan be to pass legal muster?

    Special Education & 504 Case Law:
    Differing Adjudicative Systems—New for April
    National Compilation of Case Law 1998 to present

    Special Education:
    Aligning High School and Beyond with Transition Plans
    Legislative Tracker Link

    Yellow—OSPI requested/supported

    Purple—Sped

    OSPI:
    April Updates


    Upcoming Classes and Events

    Structured Literacy, Science of Reading, & Dyslexia

    Culture, Data, and Leadership

    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

    IPP & UDL

    Dr. Alicia Roberts-Frank admin training

    Dyslexia and MTSS Support—Contact Alicia Roberts Frank

    IPP and Para Training Support—Contact Jenny Parker

    Early Learning (P-3) Support—Contact Kerri Blankenship

    Computer Science: Senate Bill 5088

     
  • Retirement & Health Benefits for April 14, 2023

    by Julie Woods | Apr 14, 2023


    Retirement Blog

    “The finish line is just the beginning of a whole new race.”

    Anonymous

    As Sine Die approaches, the legislature will go ‘dark’. Negotiations between both chambers, caucus members, the Governor’s office, and legislature leadership will be taking place outside of the public eye. Budgets need to be adopted, and altered bills need to be reconciled/concurred by the opposite body. The balls/bills will continue bouncing back and forth until finally caught by the Governor. Bill signings are occurring.

    The status of selected bills is given below. Note that any can change with little notice. Some, such as SB 5294, that were assumed ‘dead’, may come back. There also will be bills yet to come, or that will resurrect, whose passage will be needed because they are linked to the budget. And some bills are truly dead that did not make the most recent cut-off (4/12/23).

    A reminder that unless noted otherwise, bills that have been signed by the Governor are effective 90 days after adjournment. (7/23/23)


    Retirement Related Proposals

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

    Comment: It allows certain individuals who separate from a position covered by the Public Employees', School Employees', and Teachers' Retirement System Plans 2, without retiring, the opportunity to participate in retiree benefits of the Public Employees' Benefits Board.

    This bill has been sent to the Governor for action.

    SHB 1056: Repealing some postretirement employment restrictions.

    Comment: Changes the postretirement 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 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.

    The Senate adopted a striker with an amendment that reads: Removes the recalculation of retirement benefits for retirees that were eligible to take a 2008 early retirement factor but took a higher reduction in benefits so that they could return to work.”

    This bill passed the Senate and will be sent to the House for concurrence.

    *Note Regarding Pension Funding**: A number of bills dealing with pension funding have been offered this session. The primary difference between them is how to fund or not fund any cost-of-living increase. See below for status.

    ESHB 1057:Providing a benefit increase to certain retirees of the public employees' retirement system plan 1 and the teachers' retirement system plan.

    Comment: This would grant a one-time, capped 3% COLA for TRS1/PERS1 plan members. It also directs the SCPP to recommend a path to regain permanent COLA for these retirees. It was amended by the Senate W/M Committee to remove provisions delaying the imposition of the contribution rate increases attributable until July 1, 2027, and directing that the supplemental contribution rate not be charged for the benefits created in this bill until July 1, 2027, and directs that the supplemental contribution rate not be charged for the benefits created in this bill. SB 5350 was a companion prior to the adoption of the House amendment. It was presumed ‘dead’ since no action had been taken since 3/28. However, the decision obviously was made to put ESHB 1057 aside in favor of SB 5350. 

    ESHB 1057 is ‘dead’. See SB 5350 below.

    ESSB 5294: Concerning actuarial funding of state retirement systems.

    Comment: This bill was amended by the House Appropriations Committee. It lowers the surcharge contribution rates in effect for the Public Employees' Retirement System (PERS), currently 3.5% and the Teachers' Retirement System (TRS) Plans 1 rates, currently 5.75%. PERS 1 would be lowered to 2.5% in 2024; 2.0% in 2025;1.5% in 2026; 1.0% in 2027, and 0.0% in 2027. TRS 1 rates would be 1.0% in 2024: .50% in 2025, and 0.0% from 2026 forward. It reduces the scheduled payment of $800 million into the TRS 1 fund to $250 million. The substitute Senate bill was included in their budget.

    This bill passed the House as amended and has been sent back to the Senate for concurrence. The Senate did not concur. The bill is in dispute.

    SB 5350: Providing a benefit increase to certain retirees of the public employees' retirement system plan 1 and the teachers' retirement system plan 1.

    Comment: This bill was amended by the House to Delay the impact of the benefit cost on the contribution rate for benefits added to the PERS and TRS 1 after June 30, 2009, until July 1, 2027. It specifies that a supplemental contribution rate shall not be charged for the benefits granted in the bill. Effective 1/1/2023.

    It will be sent back to the Senate for concurrence. The Senate did not concur on 4/13/23. The bill will be sent back to the House. The bill is in dispute. They will be asked to reconsider. 

    SB 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.

    The Governor signed the bill, and it became effective 3/30/2023.


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

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

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

    This bill was amended, then approved by the Senate. One adopted amendment reads, “Requires (1) the worker to provide seven calendar days' notice to the entity scheduling the exam that the independent medical exam will be recorded and (2) the Department of Labor and Industries to adopt rules to define the notification process. Another adopted amendment reads, “Removes the prohibition on recording neuropsychological exams. Prohibits the worker from materially altering the recording or posting it to social media.”

    This bill will be sent back to the House for concurrence.

    ESHB 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 a good cause. Senate adopted amendments expand access to unemployment insurance (UI) benefits by adding circumstances where a person may voluntarily quit for good cause and requires a report to the legislature regarding UI claims related to benefits for separations from employment because of inaccessible care for a child or vulnerable adult. Another adopted amendment provides that benefits paid because care for a child or vulnerable adult in the claimant's care is inaccessible shall not be charged to the experience rating account of any contribution paying employer.

    This bill has been sent back to the House for concurrence.

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

    Comment: Creates a privilege from examination and disclosure for a union representative and a union employee concerning any communication between the union representative or union employee made during union representation and creates exceptions to this privilege. • Applies the privilege from examination and disclosure to the union members and organizations that represent employees of college districts, employees of school districts, public employees, faculty at public four-year institutions of higher education, civil service employees, ferry employees, port employees, and labor unions.

    This bill was amended by the Senate and will be sent back to the House for concurrence.

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

    Comment: The bill requires certain public employers to provide exclusive bargaining representatives employee 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. It allows an exclusive bargaining representative to bring a court action if a public employer fails to comply with the requirement to provide information.

    The bill was amended by the Senate and will be sent back to the House for concurrence.

    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 Senate 48/0 and will be sent to the Governor for signature.

    SHB 1521: Concerning the duties of industrial insurance self-insured employers and third-party administrators.

    Comment: This bill specifies that self-insured employers and third-party administrators have a duty of good faith and fair dealing to workers with respect to all aspects of workers' compensation. • Requires the Department of Labor and Industries to enforce the duty of good faith and fair dealing. • • Provides penalties for violations of this duty. One adopted amendment reads, “Provides that nothing be interpreted as allowing a private cause of action outside of the original jurisdiction of the Department to assess penalties and rights to appeal.” Another adopted amendment reads, “Limits the duty of good faith and fair dealing and related penalties to self-insured municipal employers and their third-party administrators.”

    This bill was amended by the Senate and will be sent back to the House for concurrence.

    2SHB 1618: Concerning the statute of limitations for childhood sexual abuse.

    Comment: This bill would remove the statute of limitations for recovery of damages as a result of childhood sexual abuse. • • Applies the act retroactively and prospectively.

    This bill was scheduled for Executive Session on 3/4/23, but no action was taken. This bill did not make cut-off so may be ‘dead,’ however, there is a strong lobby promoting this, so note that ‘dead’ is in quotes.

    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.

    This bill has been sent to the Governor for signature.

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

    Comment: This bill was amended by the House. It 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 House amended the bill to exclude from the bill persons seeking positions: • with a general authority law enforcement agency; Senate Bill Report - 3 - ESSB 5123 • with a fire department, fire protection district, or regional fire protection service authority; • as a position as a first responder; and • as a position as a corrections officer. It also codifies the underlying bill in chapter 49.94 RCW, rather than chapter 49.44 RCW, subjecting its provisions to enforcement by the Attorney General and other limitations provided under the Fair Chance Act.

    Passed House 57/41 with amendments will be sent to Senate for concurrence.

    SSB 5127: Clarifying school districts' ability to redact personal information related to a student.

    Comment: Creates a new exemption to the Public Records Act for personal information in any records pertaining to a student currently or previously enrolled in a local education agency.

    This bill will be sent to the Governor for his signature.

    E2SSB 5174: Providing adequate and predictable student transportation.

    Comment: Requires the Office of the Superintendent of Public Instruction (OSPI) to administer 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. • Provides that, no earlier than for a contract affecting the 2024-25 school year, school districts may only enter into a pupil transportation services contract if the contractor provides certain health benefits and retirement contributions to employees who choose to opt-in for coverage. • Provides reimbursement subject to funding provided specifically for increased costs to school districts that are directly attributable to increased benefits as required in the bill. (Although the sponsor suggests that legislators will try their best to fully fund, but…….)

    This bill was amended by the House and sent back to the Senate for concurrence.

    ESSB 5217: Concerning the state's ability to regulate certain industries and risk classes to prevent musculoskeletal injuries and disorders.

    Comment: This bill repeals the law prohibiting the Department of Labor and Industries (Department) from adopting rules related to ergonomics or musculoskeletal disorders. • Provides limitations on the adoption of new rules, including allowing rules only for industries or risk classifications where compensable claims involved musculoskeletal injuries and disorders that are at a rate greater than two times the overall state claim rate for these types of injuries and disorders over a recent five-year period. • Requires the Department to: (1) identify industries and risk classifications most likely to be selected for rulemaking; (2) review and report certain claims data; and (3) consider certain factors during • Allows the Department to provide funding to certain employers to purchase additional equipment and requires up to three additional ergonomists to provide consultation to certain employers. Provides that no rule may be effective prior to July 1, 2026. (6) Modifies the review of claims data to data identified as compensable claims over the five-calendar year period that ended two calendar years before the report is published. Requires L&I to provide up to three additional ergonomists, funded from the accident and medical aid funds, to provide consultation to employers in the industries and risk classifications in the published list. Requires L&I annually to identify a list of industries or risk classes most likely to be selected for future rule-making and prioritize efforts to provide technical assistance to those employers.

    This bill has been sent to the Governor for his signature.

    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 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 House 97/0. The Governor signed the bill on 3/30/23. Becomes effective 1/1/2024; however, HCA will be reaching out to eligible parties prior to that date with information.

    SSB 5286: Modifying the premium provisions of the paid family and medical leave program.

    Comment: Modifies the statutory formula for determining the premium rates for the Paid Family and Medical Leave Program.

    This bill has been sent to the Governor for his signature.

     

    Fred Yancey
    The Nexus Group LLC

  • Legislative Update | April 10-14, 2023

    by David Morrill | Apr 14, 2023

    legislative update header graphic

    Close to the Finish Line

    Just ten more days of this year’s legislative session remain. All policy bills had to pass off the floor of the opposite house by April 12. Once again, there were some very late nights and some bills that didn’t make it past this deadline. Over the next few days of the session, legislators will pass bills necessary to implement the budget, continue work to concur on different versions of bills that have passed, and come to an agreement over a final budget. And all of this should end by Sunday, April 23.

    Here’s the latest on what’s happening with the budget and the surviving bills.


    Budget Update

    Budget writers from the House and Senate are working to compromise on the various funding and policy areas of the operating budget. The final budget will be SB 5187. For a look at how the budgets are similar and different, check out this side-by-side comparison from the League of Education Voters.

    As I shared last week, education advocates have communicated to legislators their preferences for the Senate funding level for special education and transportation. The next layer of communication around education funding will go out soon from a group of legislators to the primary budget writers to encourage them to follow the House budget for smoothing losses due to the regionalization rebase and the House levy equalization offset funding. Districts are very concerned about how regionalization has (or hasn’t) been adequately addressed in this session and the negative impact on their budgets.


    Principal Contract Bill

    SB 5175 passed easily off the House floor by an 84-14 margin, and it was amended to clarify that a superintendent might offer a contract for more than one year when a principal has:

    • been employed as a principal for three or more consecutive years;
    • been recommended by the superintendent as a candidate for a two or three-year contract because the principal has demonstrated the ability to stabilize instructional practices, and received a comprehensive performance rating of level 3 or above in their most recent comprehensive performance evaluation; and
    • met the school district's requirements for satisfying an updated record check.

    This bill is now on the concurrence calendar, and since the House and Senate passed slightly different versions, they need to come to an agreement on the final language.

    Senator Lisa Wellman does not agree with the House version and has asked the House to recede from their amendments. She says, “this bill shows respect for principals and the vital role they play with our children.” She believes that with these amendments, too many people and too many hoops would be involved in creating these contracts and would prefer simpler language. The Senate Republicans like the sideboards that have been put on the bill.

    I’ve communicated to both the House and the Senate that we are fine with this bill, with the amendment or without. We hope that legislators find a way to agree on the final language allowing districts to offer principals up to a three-year contract.


    Bills that Passed

    Here are a few more bills that passed this session. I’ll have my “Top 10” list of important bills from this session ready to share soon, along with a final legislative update the week of April 24.

    SB 5311 raises the special education cap from 13.5% to 15% and increases the multiplier at a greater rate than the House. This language was added to the House bill about special education (HB 1436) so the House bill will be the final bill that addresses special education funding.

    SB 5174 is the transportation funding bill. This bill was narrowed from its original version and would create the Transportation Safety Net. Safety net awards would be provided to school districts with a demonstrated need for additional transportation funding for special passengers, as mentioned above.

    HB 1015 will replace the ETS ParaPro assessment and says the Paraeducator Board must adopt one or more assessments that meet a rigorous standard of quality and can be used to demonstrate knowledge of, and the ability to assist in, instruction in reading, writing, and mathematics, as well as set a passing score for each assessment adopted.

    HB 1550 is the Transition to Kindergarten bill. It would rename Transitional Kindergarten as the Transition to Kindergarten program, and state that this program is not part of the state's program of basic education. It directs OSPI to adopt rules for the administration and the allocation of state funding for this program and specifies minimum requirements for these rules. And it provides a funding formula for the program using certain portions of the prototypical school funding model and requires certain data to be reported. Current TK programs will remain in place for the 2023-24 school year, but changes would come in the following school year. This bill is on the concurrence calendar and I’m not sure if there will be agreement between the House and the Senate on the different versions.

    HB 1658 would authorize high school students to earn up to two elective credits for paid work experience.

    SB 5048 is fantastic because it will require institutions of higher education to provide enrollment and registration in College in the High School courses at no cost to students in grades 9 through 12 at public high schools. HB 1316 is another dual credit bill that will allow Running Start students to be funded up to a combined maximum enrollment of 1.4 FTE.

    HB 1207 has now passed both the House and the Senate, and it would change the term "emergency expulsion" to "emergency removal" and permit certain students to request that their records use the new term. It would also require OSPI to develop a model student handbook that includes, among other things, a complaint procedure related to harassment, intimidation, bullying, and discrimination.

    HB 1308 says that school districts may offer students the opportunity to meet graduation pathway requirements by completing a performance-based learning experience through which the student applies knowledge and skills in a real-world context, providing evidence of applying state learning standards to ELA and math standards (this was amended from the original version that allowed students to choose two of the core areas).

    SB 5243 will revise high school and beyond plan (HSBP) requirements and require OSPI to facilitate the transition to and adoption of a common online platform for HSBPs. This will take a few years to develop and it will require school districts to provide access to an adopted universal platform within two years of platform development.

    The recess bill, SB 5257, requires 30 minutes of recess and encourages recess before lunch. It also includes language that discourages withholding recess for disciplinary or academic reasons.

    There are a few more bills that have passed that will have an impact on your work as school leaders. Here is my latest bill tracking list.


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

  • You Have Five Jobs

    by David Morrill | Apr 12, 2023

     

    outline of a person standing on a path of five arrows with a purple gradient background

    A great mentor of mine told me once that I have five jobs in life, and only five.

    1. To be the best friend that you can be. Not just to those you know and call your friend; it is easy to be a friend to those you know and love daily. How about those you do not know? That car on the side of the road with a flat tire, stop and help. To the acquaintance going through loss, hug them and donate to the meal train. Check-in on the stranger crying on a park bench. Be the best friend that you can be.

    2. Be the best community member you can be. Give of yourself. Give your blood and money like it doesn’t hurt because you can always get more. Most importantly, give your greatest gift, time! The one thing so valuable that you can never get it back. Give it.

    3. Be the best son or daughter you can be. To whomever your parent figures are in your life, care for them. We all have people who have sacrificed to help us get to where we are. None of us did this all by ourselves. If you are a person of faith, this is that path.

    4. Be the best husband, wife, or partner that you can be. If you have chosen to walk this journey with another, take care of them. Listen, support, and cherish the people you have committed to. Honor their journey, and they will lift you in yours.

    5. Be the best father or mother that you can be. You have a great responsibility if you have children or others you care for. Love them unconditionally, teach them, challenge them, grow them, and keep them safe. This is my favorite job.

    My mentor would say if you do these five jobs, what kind of teacher will you be? If you do these five jobs, what kind of school leader will you be?

    At times we will fail in some of these jobs. In life, we will always have failings. Our recognition of failure allows us to grow and be even better in those jobs. Lean into these jobs, and you will be delighted with the school leader you will become.

  • Legislative Update | April 3-7, 2023

    by David Morrill | Apr 07, 2023


    legislative update header graphic

    We are in the final few weeks of this year’s legislative session, which should end on time on April 23. This week the April 4 cutoff date passed for bills to move out of budget committees. Now the House and Senate are focusing their efforts on meeting the next cutoff date of April 12, when bills (except those necessary to implement the budget) need to pass off the floor of the opposite house. Between now and the end of the session, the action will be both on the floor and behind the scenes as budget negotiations occur.

    I watched from the gallery yesterday as SB 5175 easily passed off the House floor by an 84-14 margin. An amendment was added to clarify that a superintendent might offer a contract for more than one year when a principal has:

    • been employed as a principal for three or more consecutive years;
    • been recommended by the superintendent as a candidate for a two or three-year contract because the principal has demonstrated the ability to stabilize instructional practices, and received a comprehensive performance rating of level 3 or above in their most recent comprehensive performance evaluation; and
    • met the school district's requirements for satisfying an updated record check.

    As we met with legislators about this bill, we offered these ideas about why districts might want to offer a longer contract.

    • It is an option that districts can choose to use to recruit and retain leaders, especially for hard-to-fill high school positions.
    • We hope districts see this as an opportunity to maintain consistent leadership.
    • Dismantling bad-for-student systems and working to make deep, systemic change takes time and consistent, effective leadership.
    • Principals deserve greater job security due to the complex nature of their jobs and the years of experience required to become a highly effective and impactful school leader.

    In my thank you email to those legislators who supported this bill, I included part of Scott’s testimony where he said, “This bill is about hope. This bill is about protecting, reaffirming, and encouraging our best and brightest to not only remain in their roles, but to continue being agents of change and hope in their schools.”

    We hope this bill provides you with hope because the conversation about your critical role in our education system has been elevated across the state.


    Budget Update

    Budget writers from the House and Senate are working to compromise on the various funding and policy areas of the operating budget. For a look at how the budgets are similar and different, check out this side-by-side comparison from the League of Education Voters.

    Education advocates continue to communicate with legislators about several key funding priorities. Here is an excerpt from a letter that was sent last week to Chair Rolfes and Chair Ormsby from many districts and statewide associations (including AWSP):

    Thank you for the investments in public education in both the Senate and House operating budget proposals. As you work to develop a final budget, please consider our comments regarding these priority funding items for schools:

    1. Special Education: The Senate adjustments to the multiplier and cap for special education funding allows direct investment and support for our students with individual education plans. We respectfully request the Senate language and investment with the addition of inclusionary practice investment dollars.
    2. Pupil Transportation: The Senate level of funding for pupil transportation is preferable as the House budget does not provide any additional pupil transportation funding. The legislature has passed bills the last two years which would have updated our broken STARS formula and invested in special populations. Please take this first step proposed in the Senate budget.

    3. Rebase: We request that you follow the House lead for smoothing losses due to the rebase. The rebase smoothing mechanism proposed in the House budget allows districts who are losing regionalization and/or experience factor funding additional time to plan to resize budgets and prepare for reduced funding in these two areas. We also ask for your consideration of lowering the percentage of loss of regionalization and experience factor to not more than 1% per year.
    4. Levy Equalization: Levy equalization is significantly reduced this year based on new assessed valuation rates. The House recognizes the difficult budget problem this creates for school districts across the state and provides funding for districts who lose a significant amount of funding. Please maintain this House levy equalization offset funding in the final budget.

    5. Learning Assistance Program: The Learning Assistance Program (LAP) is funded in the Senate budget using federal ESSER funds which then imposes federal funding rules on this state-level reimbursement program. School district administrators have raised serious concerns that the rules for LAP may conflict with those for ESSER. Please do not use ESSER funds to replace state level program funds where federal and state rules may create conflict.

    If you can send an email to your legislators about the importance of addressing these funding pieces, this is the week to do so. Thank you!


    Bills That Keep Moving

    Both of the special education funding bills are still alive. The Senate bill, SB 5311, would raise the special education cap from 13.5% to 15% and increase the multiplier at a greater rate than the House. The House version, HB 1436, funds special education at a lower level.

    SB 5174 is the transportation funding bill. This bill was narrowed from its original version and would create the Transportation Safety Net. Safety net awards would be provided to school districts with a demonstrated need for additional transportation funding for special passengers, as mentioned above.

    HB 1550 is the Transition to Kindergarten bill. The current version is much improved, and it would rename Transitional Kindergarten as the Transition to Kindergarten program, and state that this program is not part of the state's program of basic education. It directs OSPI to adopt rules for the administration and the allocation of state funding for this program and specifies minimum requirements for these rules. And it provides a funding formula for the program using certain portions of the prototypical school funding model and requires certain data to be reported. Current TK programs will remain in place for the 2023-24 school year, but changes would come in the following school year.

    HB 1658 would authorize high school students to earn up to two elective credits for paid work experience.

    If you are interested in small school construction, SB 5126 (common school trust revenue to the small school modernization program) is still moving, and the Senate Capital budget gets a good review by OSPI for its attention to small schools. HB 1044 would provide capital financial assistance to small school districts.

    SB 5048 is a fantastic bill that passed the Senate. This bill will require institutions of higher education to provide enrollment and registration in College in the High School courses at no cost to students in grades 9 through 12 at public high schools.

    HB 1207 has now passed both the House and the Senate, and it would change the term "emergency expulsion" to "emergency removal" and permit certain students to request that their records use the new term. It would also require OSPI to develop a model student handbook that includes, among other things, a complaint procedure related to harassment, intimidation, bullying, and discrimination.

    HB 1308 says that school districts may offer students the opportunity to meet graduation pathway requirements by completing a performance-based learning experience through which the student applies knowledge and skills in a real-world context, providing evidence of applying state learning standards to ELA and math standards (this was amended from the original version that allowed students to choose two of the core areas).

    SB 5243 passed the Senate, and it would revise high school and beyond plan (HSBP) requirements and require OSPI to facilitate the transition to and adoption of a common online platform for HSBPs. It would require school districts to provide access to an adopted universal platform within two years of platform development.

    The recess bill, SB 5257 has now passed both the House and the Senate and requires 30 minutes of recess and encourages recess before lunch. It also includes language that discourages withholding recess for disciplinary or academic reasons.

    HB 1316 is another dual credit bill that would allow Running Start students to be funded up to a combined maximum enrollment of 1.6 FTE. It would also allow high school graduates with 15 or fewer college credits to earn before meeting associate degree requirements to continue participation in the summer academic term following graduation. I believe that Senator Hawkins intends to add a floor amendment to this to add 10th grade Running Start (one online class only per quarter) but I’ve been working with the WEA and the Washington School Counselor Association to oppose this idea.

    There are a few more education bills out there that will pass and I’ll have my “Top 10” list of important bills from this session ready to share in a few weeks. There are also some bills that didn’t make it this year that will most likely return next session. Here is my latest bill tracking list.


    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. One is by reading these weekly updates! Shout out to Michelle Zimnisky, Principal at Northwood Elementary in Puyallup, who told me last week that she’s a regular reader. Thanks, Michelle!

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

  • Retirement & Health Benefits for April 7, 2023

    by Julie Woods | Apr 07, 2023


    Retirement Blog

    “Follow the bouncing ball…..”

    Mitch Miller

    As Sine Die approaches, action on bills received from the opposite house continues at a brisk pace.  And bills (balls) continue bouncing. As mentioned earlier, some bills passed in the form they were received will go to the Governor; some will not move at all, and others will be amended and then sent back. If there is no agreement, they are then sent back again. And on and on.   

    Below are bills that appear still ‘alive’, NTIB, and/or still being worked by various constituencies. (Bills that are in respective Rules’ Committee are still generally alive until April 12th.)  Negotiations between both houses are occurring as both bodies work with the looming deadlines.

    Unless noted otherwise, bills that have been signed by the Governor are effective 90 days after adjournment.


    Retirement Related Proposals

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

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

    Signed by the Governor 4/6/23.

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

    Comment: It allows certain individuals who separate from a position covered by the Public Employees', School Employees', and Teachers' Retirement System Plans 2, without retiring, the opportunity to participate in retiree benefits of the Public Employees' Benefits Board.

    This bill is in Senate Rules awaiting further action.

    SHB 1056: Repealing some postretirement employment restrictions.

    Comment:Changes the postretirement 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 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.

    This bill is in Senate Rules awaiting further action.

    *Note Regarding Pension Funding**: The good news about the bills mentioned below is that contribution rates/surcharges will be reduced. This will save districts dollars they are paying for staff not funded by the state’s basic apportionment formula. The ‘bad’ news is that some of the bills assume rosy investment returns will offset the loss of dollars that were previously dedicated to paying down the unfunded liabilities in Plans 2. WSSRA has been working with legislators and favors SSB 5294 (see below), which offers a stepped-down reduction in rates that may help prevent both an eventual increase again in unfunded liabilities and a future rate increase or reinstatement.

    ESHB 1057:Providing a benefit increase to certain retirees of the public employees' retirement system plan 1 and the teachers' retirement system plan.

    Comment: This would grant a one-time, capped 3% COLA for TRS1/PERS1 plan members. It also directs the SCPP to recommend a path to regain a permanent COLA for these retirees. It was amended by the House Appropriations Committee. Delays the impact of the benefit cost on the contribution rate for benefits added to the PERS and TRS 1 after June 30, 2009, until July 1, 2027. Specifies that a supplemental contribution rate shall not be charged for the benefits granted in the bill. “The rate for benefit improvements that became effective after June 30, 2009, shall not include a rate for the improvements in this act until July 1, 2027.” The Senate amended the bill as well. It removes provisions delaying the imposition of the contribution rate increases attributable until July 1, 2027, and directs that the supplemental contribution rate not be charged for the benefits created in this bill. (SB 5350 was a companion prior to the adoption of the House amendment. This bill is likely ‘dead’.)

    Both bills have been referred to their respective Rules committees for further action.

    ESSB 5294: Concerning actuarial funding of state retirement systems.

    Comment: This bill was amended by the House Appropriations Committee. It lowers the surcharge contribution rates in effect for the Public Employees' Retirement System (PERS), currently 3.5%, and the Teachers' Retirement System (TRS) Plans 1 rates, currently 5.75%. PERS 1 would be lowered to 2.5% in 2024; 2.0% in 2025;1.5% in 2026; 1.0% in 2027 and 0.0% in 2027.  TRS 1 rates would be 1.0% in 2024, .50% in 2025, and 0.0% from 2026 forward.  It reduces the scheduled payment of $800 million into the TRS 1 fund to $250 million. The substitute Senate bill was included in their budget.

    This bill passed the House as amended and has been sent back to the Senate for concurrence. This is likely to be approved and sent to the Governor.


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

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

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

    This bill is on the Senate floor calendar awaiting further action.

    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: Requires that public agencies soliciting public comment for statutorily specified periods of time provide notice of the first and last date and time which public comment will be accepted. • • Establishes penalties for agencies failing to provide notice. The amendment summary reads, “Notice of the public comment solicitation period must also include the first date public comments may be submitted and the time by which comments must be submitted. An agency that fails to provide notice is subject to the same penalties as the member of a governing body who violates another provision of OPMA, and liability ensues regardless of whether a meeting occurs. Agency members are not personally liable for violations of the act.

    It is before Senate Rules awaiting further action.

    ESHB 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 a good cause.

    This bill is on the Senate floor calendar awaiting floor action.

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

    Comment: Creates a privilege from examination and disclosure for a union representative and a union employee concerning any communication between the union representative or union employee made during union representation and creates exceptions to this privilege. Applies the privilege from examination and disclosure to the union members and organizations that represent employees of college districts, employees of school districts, public employees, faculty at public four-year institutions of higher education, civil service employees, ferry employees, port employees, and labor unions.

    This bill is on the Senate floor calendar awaiting further action.

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

    Comment: This bill was amended by the Senate and has floor amendments hanging. It requires certain public employers to provide exclusive bargaining representatives employee 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.

    On Senate floor calendar awaiting further action.

    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 Senate 48/0 and will be sent to the Governor for signature.

    E2SHB 1320: Concerning access to personnel records.

    Comment: This bill was amended by the Senate. It requires an employer to furnish an employee or former employee with a complete copy of their personnel file at no cost within 15 business 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. •

    Allows for redaction of personnel files under certain circumstances.

    Scheduled for Executive Session (4/3/23) before W/M Committee but no action was taken. Likely ‘dead’.

    SHB 1521: Concerning the duties of industrial insurance self-insured employers and third-party administrators.

    Comment: This bill specifies that self-insured employers and third-party administrators have a duty of good faith and fair dealing to workers with respect to all aspects of workers' compensation. • Requires the Department of Labor and Industries to enforce the duty of good faith and fair dealing. • • Provides penalties for violations of this duty.

    This bill is in Senate Rules awaiting further action.

    2SHB 1618: Concerning the statute of limitations for childhood sexual abuse.

    Comment: This bill would remove the statute of limitations for recovery of damages as a result of childhood sexual abuse. • • Applies the act retroactively and prospectively.

    This bill was scheduled for Executive Session on 3/4/23 but no action was taken. May be indicator that bill is ‘dead’.

    HB 1656: Concerning unemployment insurance benefits appeal procedures.

    Comment: It adds disputes of unemployment insurance (UI) determinations of allowance or denial of allowance of benefits or redeterminations, in addition to a dispute of initial determinations, as issues in appeals proceedings regardless of the grounds in the notice of appeal. • Removes provisions that in a UI appeal on a dispute of a claimant's claim for waiting period credit or UI benefits claim that all UI issues relating to the claimant's right to receive such credit or UI benefits for the period in question are deemed to be in issue regardless of the particular grounds in the notice of appeal; and the claimant's availability for work is determined apart from all other matters.

    Passed both houses and sent to the Governor for his signature.

    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.

    In House Rules awaiting further action.

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

    Comment: This bill was amended by the House. It 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 House 57/41 with amendments will be sent to Senate for concurrence.

    SSB 5127: Clarifying school districts' ability to redact personal information related to a student.

    Comment: Creates a new exemption to the Public Records Act for personal information in any records pertaining to a student currently or previously enrolled in a local education agency.

    This bill is in House Rules awaiting further action.

    E2SSB 5174: Providing adequate and predictable student transportation.

    Comment: Requires the Office of the Superintendent of Public Instruction (OSPI) to administer 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. • Provides that, no earlier than for a contract affecting the 2024-25 school year, school districts may only enter into a pupil transportation services contract if the contractor provides certain health benefits and retirement contributions to employees who choose to opt-in for coverage. • Provides reimbursement subject to funding provided specifically for increased costs to school districts that are directly attributable to increased benefits as required in the bill. (although sponsor suggests that legislators will try their best to fully fund, but……..)

    It is in House Rules awaiting further action.

    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 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 House 97/0. The Governor signed the bill on 3/30/23. Becomes effective 1/1/2024; however, HCA will be reaching out to eligible parties prior to that date with information.

    SSB 5286: Modifying the premium provisions of the paid family and medical leave program.

    Comment: Modifies the statutory formula for determining the premium rates for the Paid Family and Medical Leave Program.

    In House Rules awaiting further action.

     

    Fred Yancey
    The Nexus Group LLC

  • Legislative Update | March 27-31, 2023

    by David Morrill | Mar 31, 2023


    legislative update header graphic

    🌸🍒 Cherry Blossoms With a Cherry on Top 🌸🍒

    What an amazing week of advocacy here in our Washington and in the “other” Washington, our nation’s capital. Our 12 principals arrived just in time for peak cherry blossom viewing. What a treat!

    AWSP staff and members representing in D.C.

    The National School Leaders Advocacy Conference is organized each March by NAESP and NASSP. We spent the first two days learning from expert panels, congressional staff, principals from around the country, and Cindy Marten, Deputy Secretary of the Department of Education, about various pieces of federal legislation and effective advocacy strategies. On Wednesday, over 400 principals headed to the Capitol to meet with their members of Congress to talk about educator shortages, improving school mental health, wellness, and safety resources, and various budget priorities. Our group shared poignant stories about students and staff in their buildings related to each area, and we built relationships with decision-makers and principals from other states.

    Here in our Washington, the cherry on top for this week was listening to the House Education Committee pass SB 5175 out of their committee unanimously! An amendment was added to clarify that a superintendent might offer a contract for more than one year when a principal has:

    • been employed as a principal for three or more consecutive years;
    • been recommended by the superintendent as a candidate for a two or three-year contract because the principal has demonstrated the ability to stabilize instructional practices, and received a comprehensive performance rating of level 3 or above in their most recent comprehensive performance evaluation; and
    • met the school district's requirements for satisfying an updated record check.

    We appreciate your messages to legislators encouraging them to support this bill and look forward to watching it pass off the House floor soon.


    House Budget

    This week, the House released its budget. We knew it would have less funding than the Senate did for key programs like special education and transportation, but there are a few items that the House included that the Senate did not. I’ll look for a side-by-side comparison of these budgets next week to share with you. In both budgets, legislators would take ESSER funds allocated to OSPI (not to individual districts) and reroute these dollars to programs in this year’s operating budget. As you can imagine, this is not sitting well with people. Stay tuned for how this might be resolved.

    Here are some of the highlights from the House budget:

    K-12 Education Increases

    K-12 Salaries and Compensation ($593 million 2023-25; $1.67 billion 5-year total)
    Salary allocations are increased for inflation as provided in HB 1732 (K-12 inflation adjustments) and rebasing. Budgeted inflation for salaries is 3.7% in the 2023-24 school year (SY) and 3.9% in the 2024-25 SY.

    SEBB health benefit rates are increased to $1,116 per employee per month in the 2023-24 SY and $1,178 per employee per month in the 2024-25 SY. These amounts are in addition to the $734 million in 2023-25 and $2.3 billion 5-year for salary inflation at maintenance level.

    Special Education Enhancements ($94 million 2023-25; $67 million Federal 2023- 25; $366 million 5-year total)
    Funding is provided to increase excess cost multipliers, raise the funded enrollment limit, support inclusionary practices, and lower the safety net threshold as required under HB 1436 (Special education funding). Funding is also provided for summer evaluations, and extended transition supports.

    Free School Meal Expansion ($56.4 million 2023-25; $28.5 million Federal 2023-25; $178 million 5-year total)
    Funding is provided to support expanded access to free meals through the federal Community Eligibility Provision pursuant to HB 1878 and HB 1238 (Free school meals).

    Dual Credit Enrollment Enhancements ($19.4 million 2023-25; $36.9 million 5-year total)
    Funding is provided to increase the Running Start combined maximum enrollment cap from 1.2 FTE to 1.6 FTE.

    Transition to Kindergarten ($14.7 million 2023-25; $26.6 million 5-year total)
    Funding is provided for the implementation of HB 1550 (Transition to Kindergarten), which creates the Transition to Kindergarten (TTK) program beginning in the 2024-25 school year. Funding is sufficient to support 5,077 FTE students in the TTK program during the 2024-25 school year.

    Professional Education Workforce ($12.0 million 2023-25; $31.7 million 5-year total)
    Funding is provided for the implementation of HB 1565 (Prof. education workforce), which establishes a teacher residency program and establishes educator workforce data collection and analysis requirements. Funding is sufficient to support five teacher residency cohorts with 17 residents per cohort, beginning in the 2024-25 school year. Additional funding is provided for the Beginning Educator Support Team (BEST) program to increase the number of beginning teachers who receive mentoring support. This funding is important to us because there may be some funds here for additional principal mentors.


    Bills That Keep Moving

    Here are a few key bills that keep moving. Some are still making their way through fiscal committees and need to pass out of those committees by Tuesday, April 4, the next cut-off day. Some bills don’t have a fiscal impact and are waiting on a vote by either the House or the Senate.

    Both of the special education funding bills are still alive. The Senate bill, SB 5311, would raise the special education cap from 13.5% to 15% and increase the multiplier at a greater rate than the House. The House version, HB 1436, funds special education at a lower level.

    SB 5174 is the transportation funding bill. This bill was narrowed from its original version and would create the Transportation Safety Net. Safety net awards would be provided to school districts with a demonstrated need for additional transportation funding for special passengers, as mentioned above.

    HB 1550 is the Transition to Kindergarten bill. The current version is much improved, and it would rename Transitional Kindergarten as the Transition to Kindergarten program, and state that this program is not part of the state's program of basic education. It directs OSPI to adopt rules for the administration and the allocation of state funding for this program and specifies minimum requirements for these rules. And it provides a funding formula for the program using certain portions of the prototypical school funding model and requires certain data to be reported. Current TK programs will remain in place for the 2023-24 school year, but changes would come in the following school year.

    HB 1658 would authorize high school students to earn up to two elective credits for paid work experience.

    If you are interested in small school construction, SB 5126 (common school trust revenue to the small school modernization program) is still moving, and the Senate Capital budget gets a good review by OSPI for its attention to small schools.

    SB 5048 is a fantastic bill that passed the Senate. This bill will require institutions of higher education to provide enrollment and registration in College in the High School courses at no cost to students in grades 9 through 12 at public high schools.

    HB 1207 is now in the Senate, and it would change the term "emergency expulsion" to "emergency removal" and permit certain students to request that their records use the new term. It would also require OSPI to develop a model student handbook that includes, among other things, a complaint procedure related to harassment, intimidation, bullying, and discrimination.

    HB 1308 says that school districts may offer students the opportunity to meet graduation pathway requirements by completing a performance-based learning experience through which the student applies knowledge and skills in a real-world context, providing evidence of applying state learning standards to ELA and math standards (this was amended from the original version that allowed students to choose two of the core areas).

    SB 5243 passed the Senate, and it would revise high school and beyond plan (HSBP) requirements and require OSPI to facilitate the transition to and adoption of a common online platform for HSBPs. It would require school districts to provide access to an adopted universal platform within two years of platform development.

    The recess bill, SB 5257 has now passed both the House and the Senate and requires 30 minutes of recess and encourages recess before lunch. It also includes language that discourages withholding recess for disciplinary or academic reasons.

    HB 1316 is another dual credit bill that would allow Running Start students to be funded up to a combined maximum enrollment of 1.6 FTE. It would also allow high school graduates with 15 or fewer college credits to earn before meeting associate degree requirements to continue participation in the summer academic term following graduation. Senator Hawkins intends to add a floor amendment to this to add 10th grade Running Start (one online class only per quarter).

    HB 1565 has a short title of the “Educator Workforce Act.” This bill establishes a teacher residency program and continues work to identify the quality and effectiveness of educator preparation and workforce programs. It has been amended to focus on establishing residency programs for special education teachers only.

    There are a quite a few bills that didn’t make it, including HB 1113 on educator reprimands, HB 1478 on student rights, HB 1479 on restraint and isolation, and SB 5054 on PLCs. If you have questions about a bill that isn’t listed, reach out to me.


    Next Week

    The fiscal committees have some long agendas today and through the weekend to hear the remaining bills that need to pass out by April 4. After that, it’s back to the floor for a few weeks to pass bills out from the opposite house and on to the Governor. Meanwhile, the budget writers will try to reconcile their differences behind the scenes to create final operating, transportation, and capital budgets. Check out my latest bill tracking list for a quick look at the bills being acted upon next week and a list of the bills still moving through the Legislature.


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

    Thank you so much!

  • Retirement & Health Benefits for March 31, 2023

    by Julie Woods | Mar 31, 2023


    Retirement Blog

    “I grew up with six brothers. That is how I learned to dance--waiting for the bathroom.”

    Bob Hope

    As important deadlines are past and/or upcoming, negotiations between leadership, caucus members, and legislators of the opposite party are occurring behind closed doors. Those outside must wait to see what emerges. The assumed to be conference budget is a key piece yet to come. But other bill proposals also await action. So, it remains critical to continue to push/advocate with individual legislators while we learn to dance.

    Below are bills that appear still ‘alive’ and are either reflected in the budget or awaiting further action by the opposite house. Remember that negotiations between both houses are still to occur. Bills from the opposite house that have been amended once passed the floor will either need to be approved by their house of origin or not.


    Retirement Related Proposals

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

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

    This bill passed the Senate 49/0 and has been sent to the Governor.

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

    Comment: It allows certain individuals who separate from a position covered by the Public Employees', School Employees', and Teachers' Retirement System Plans 2, without retiring, the opportunity to participate in retiree benefits of the Public Employees' Benefits Board.

    This bill is in Senate Rules awaiting further action.

    SHB 1056: Repealing some postretirement employment restrictions.

    Comment: Changes the postretirement 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 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.

    This bill is in Senate Rules awaiting further action.

    *Note Regarding Pension Funding**: The good news about the bills mentioned below is that contribution rates/surcharges will be reduced. This will save districts dollars they are paying for staff not funded by the state’s basic apportionment formula. The ‘bad’ news is that some of the bills assume rosy investment returns will offset the loss of dollars that were previously dedicated to paying down the unfunded liabilities in Plan 2. WSSRA has been working with legislators and favors SSB 5294, which offers a stepped-down reduction in rates that may help prevent both an eventual increase again in unfunded liabilities and a rate increase or reinstatement.

    ESSB 5294: Concerning actuarial funding of state retirement systems.

    Comment: This bill was amended by the House Appropriations Committee. It lowers the contribution rates in effect for the Public Employees' Retirement System (PERS) and the Teachers' Retirement System (TRS) Plans 1 UAAL rates in effect from Fiscal Year 2024 until Fiscal Year 2028 by increasing them generally from 0.50 to 1.0.  This was done to address concerns that with the original rate proposal, the unfunded liability may continue or worsen. It continues to reduce the scheduled payment of $800 million into the TRS 1 fund to $250 million. The substitute Senate bill was included in their budget.

    This bill is in House Rules awaiting further action.

    SSB 5350: Providing a benefit increase to certain retirees of the public employees' retirement system plan 1 and the teachers' retirement system plan.

    Comment: This would grant a one-time, capped 3% COLA for TRS1/PERS1 plan members. It also directs the SCPP to recommend a path to regain a permanent COLA for these retirees. It was amended by the House Appropriations Committee. Delays the impact of the benefit cost on the contribution rate for benefits added to the PERS and TRS 1 after June 30, 2009, until July 1, 2027. Specifies that a supplemental contribution rate shall not be charged for the benefits granted in the bill. “The rate for benefit improvements that became effective after June 30, 2009, shall not include a rate for the improvements in this act until July 1, 2027.” (ESHB 1057 is the companion but differs regarding rates. The surcharges go away to be reinstituted later. (Dates are specified)) 

    Both bills have been referred to their respective Rules committees for further action.

    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.

    The Governor signed this bill 3/30/23. Expires Dec. 31, 2026.

    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: Allows certain retired public employees who were denied retiree health care coverage by the Public Employees Benefits Board another limited opportunity to enroll. • Only retired or disabled employees who were denied coverage for failure to notify the Health Care Authority of their deferral of coverage, and appealed the denial before December 31, 2022, are provided the new opportunity to enroll.

    This Governor signed this bill 3/30/23. This act takes effect immediately.


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

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

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

    This bill is in Senate Rules awaiting further action.

    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: Requires that public agencies soliciting public comment for statutorily specified periods of time provide notice of the first and last date and time which public comment will be accepted. • • Establishes penalties for agencies failing to provide notice. The amendment summary reads, “Notice of the public comment solicitation period must also include the first date public comments may be submitted and the time by which comments must be submitted. An agency that fails to provide notice is subject to the same penalties as the member of a governing body who violates another provision of OPMA, and liability ensues regardless of whether a meeting occurs. Agency members are not personally liable for violations of the act.

    Senate State Government amended the bill. It is before Senate Rules awaiting further action.

    ESHB 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 a good cause.

    This bill has been sent to Senate Rules for further action.

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

    Comment: Creates a privilege from examination and disclosure for a union representative and a union employee concerning any communication between the union representative or union employee made during union representation, and creates exceptions to this privilege. • Applies the privilege from examination and disclosure to the union members and organizations that represent employees of college districts, employees of school districts, public employees, faculty at public four-year institutions of higher education, civil service employees, ferry employees, port employees, and labor unions.

    This bill is before Senate Rules awaiting further action.

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

    Comment: This bill was amended by the Senate. It requires certain public employers to provide exclusive bargaining representatives employee 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.

    This bill is before Senate Rules awaiting further action.

    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 has been moved to the Senate floor calendar awaiting further action.

    E2SHB 1320: Concerning access to personnel records.

    Comment: This bill was amended by the Senate. It requires an employer to furnish an employee or former employee with a complete copy of their personnel file at no cost within 15 business 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. •

    Allows for redaction of personnel files under certain circumstances.

    Scheduled for public hearing Senate Ways and Means 3/31/23.

    HB 1656: Concerning unemployment insurance benefits appeal procedures.

    Comment: It adds disputes of unemployment insurance (UI) determinations of allowance or denial of allowance of benefits or redeterminations, in addition to a dispute of initial determinations, as issues in appeals proceedings regardless of the grounds in the notice of appeal. • Removes provisions that in a UI appeal on a dispute of a claimant's claim for waiting period credit or UI benefits claim that all UI issues relating to the claimant's right to receive such credit or UI benefits for the period in question are deemed to be in issue regardless of the particular grounds in the notice of appeal; and the claimant's availability for work is determined apart from all other matters.

    It is on the Senate Consent calendar awaiting further action.

    2SSB 5048: Eliminating college in the high school fees.

    Comment: It requires institutions of higher education to provide enrollment and registration in College in the High School (CHS) courses at no cost to students in grades 9 through 12 at public high schools. • Requires the Legislature to appropriate funds to fund CHS courses at inflation-adjusted rates. • Directs high schools that provide CHS courses to include information in the course catalog, and to notify parents and guardians by email and in beginning-of-the-year packets, that there is no fee for students to enroll in CHS courses. • Requires parental and guardian notifications to also explain CHS credit transfer procedures.

    Moved to House Appropriations awaiting further action.

    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.

    Referred to House Appropriations awaiting further action.

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

    Comment: This bill was amended by the House. It 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 House 57/41 with amendments Will be sent to Senate for concurrence.

    SSB 5127: Clarifying school districts' ability to redact personal information related to a student.

    Comment: Creates a new exemption to the Public Records Act for personal information in any records pertaining to a student currently or previously enrolled in a local education agency.

    This bill is in House Rules awaiting further action.

    E2SSB 5174: Providing adequate and predictable student transportation.

    Comment: It requires the Office of the Superintendent of Public Instruction (OSPI) to administer 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. • Provides that, no earlier than for a contract affecting the 2024-25 school year, school districts may only enter into a pupil transportation services contract if the contractor provides certain health benefits and retirement contributions to employees who choose to opt-in for coverage. • Provides reimbursement subject to funding provided specifically for increased costs to school districts that are directly attributable to increased benefits as required in the bill.

    It is in House Rules awaiting further action.

    Note: A similar but not companion bill, HB 1248 concerning pupil transportation, remains in House Rules. It also 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. A proposed amendment, among other changes, replaces one-time supplemental allocations of $200 per employee working more than 630 hours per month for districts that experience higher costs under the new contract requirements with a reimbursement subject to funding provided specifically for increased costs.

    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 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 House 97/0. The Governor signed bill 3/30/23. Becomes effective 1/1/2024.

    SSB 5286: Modifying the premium provisions of the paid family and medical leave program.

    Comment: Modifies the statutory formula for determining the premium rates for the Paid Family and Medical Leave Program.

    Scheduled for Executive Session before House Appropriations 3/31/23.

    2SSB 5593: Improving equity in the transfer of student data between K-12 schools and institutions of higher education.

    Comment: A proposed striker (1) Requires data-sharing between institutions of higher education and the Office of the Superintendent of Public Instruction (OSPI) to obligate the institutions to include the statewide student identifier for each student. (2) Requires institutions of higher education, in providing information about student enrollments and outcomes to the OSPI, to include the statewide student identifier for each student. (3) Requires the OSPI, in identifying a process for making information about a student's enrollment in an institution of higher education available to the student's district, to require that information provided to school districts include the statewide student identifier for each student. (4) Defines "statewide student identifier" as the statewide student identifier that is required by statute and included in the longitudinal student data system. (5) Establishes a new definition of "directory information" for the proposed data-sharing agreements by removing a reference to a federal definition and specifying that the term means the names, addresses, email addresses, and telephone numbers of students and their parents or legal guardians.

    Scheduled for public hearing before House Appropriations 3/31.23.

     

    Fred Yancey
    The Nexus Group LLC

  • Introducing the AWSP Learning Lab

    by David Morrill | Mar 30, 2023

     

    cartoon drawing of a man coming out of a computer screen with two people watching him surrounded by books, gears, and  light bulbs

    In 2020, we launched our learning management system just in time to shift to a virtual Summer Conference as the pandemic canceled everything. We use a product called Path, and today we are rebranding "Path" to the AWSP Learning Lab. Why? Because while we believe in the power of in-person, and our professional learning team delivers engaging and fun content with adult learning in mind, we need more.

    Principals and assistant principals across the state have very different access to professional learning. If you're along the I-5 corridor in the Puget Sound, you have way more options than in rural parts of southeast Washington. Budgets for professional learning, support for being out of the building, family and home life — all those things impact a leader's ability to travel, access resources, and improve. While we offer custom training delivered at your district or school, we can't be everywhere all at once. 

    The Learning Lab brings content to you, wherever you are, on your time, and with or without your team. Some courses are designed to be watched with a team, and some are designed just for you as a leader on your own time. You'll find live events and webinars to connect with fellow principals and AWSP, and others to learn from us and/or our partners. In fact, we've got some great events right around the corner, including:

    In addition to those three, we have a few more things we're working on as well. Head to learn.awsp.org to check out the Learning Lab. You can get to it any time, anywhere, and on any device. It's where you can learn to lead and lead to learn. And if you have a topic, guest, or state agency you want us to feature for your access or learning, let us know

  • The Daily Coach: A Tool for Mentors and Mentees

    by Caroline Brumfield | Mar 27, 2023

    The Daily Coach logo

     

    Happy “almost spring break”, amazing mentors and mentees!

    You have been working your tails off, and WE NOTICE! Do you remember the children’s book by Jill Murphy called Five Minutes' Peace? Mrs. Large (mama elephant) wants five minutes’ peace from her energetic children, but chaos follows her all the way from the kitchen to the bath and back again. You might be feeling like the main character in this children’s story as you navigate the next few weeks heading into a much-deserved Spring Break—too much to do, lots of interruptions, and students/staff who are just as ready for the break and to give you lots of opportunity to breathe and co-regulate.

    Over the course of the next few months, I will share some resources, newsletters, and ideas to incorporate into your daily workflow and leadership practices that I, and the leaders I support, have been finding helpful, inspiring, and reflective.

    I’ve been following The Daily Coach and reading it daily. It's short, insightful, and I read it as one of the first things I do when I sit down with my cup of morning coffee to “wake up” to tackle the day. Short paragraphs of leadership wisdom, sometimes it’s a comeback story or a bulleted list of items to prompt reflection or journaling. Today’s “Magic Question” was, "Where are the growth opportunities in my life?"

    There is a FREE tier subscription I’ve been using, and again it’s helped get my mind focused to tackle the day. I find the overall majority of the daily email strong—how could this be a helpful tool to you in your mentoring or daily leadership?

    • Share with your Mentee…there are so many practical things that are timely for new leaders, or…
    • Mentees might want to share with School Leadership Team, or…
    • Post “Nuggets of Truth” in your weekly bulletin, or…
    • Add the link to your weekly communication to staff and parent newsletters, or…
    • Post on the *ahem* back of staff bathroom stall doors

    The possibilities are endless!

    I’d love to hear back from you if you find The Daily Coach a helpful leadership tool. As mentors and mentees, please look for weekly blogs detailing other helpful, free resources to help with the leadership lift this spring. Until next time…

  • School Celebration Newsletter | April 2023 Edition

    by Julie Woods | Mar 27, 2023

     



    IT'S OFFICIALLY SPRING TIME

    I love APRIL. Springtime brings crazy schedules for the Cromwell Family. However, I am determined to enjoy these precious moments with my family along with the later sunsets, the blooming flowers, the birds chirping in the morning, and evenings on the back deck. All of these beautiful signs of spring make me smile. This month of April, you need to not feel guilty about shutting down your phone for an evening or weekend. Go for a walk, turn the music up a bit louder on your drive to and from work, get a massage, AND treat yourself to some me time. April is when we are starting to see the finish line for this school year, so fill YOUR bucket. I know you will find this edition of the School Celebration Newsletter helpful to bring laughter, joy, and appreciation to your work. As always, feel free to reach out to me @sholtys on twitter if I can do anything to support your work or be a sounding board of ideas. I believe in you!


    Image of siblings, cat, person with 8 arms doing multiple tasks at once

     

    APRIL DAYS TO CELEBRATE

    April 3 | Tweed Day. Can you have a fun tweed dress-up day today?

    April 4 | National Vitamin C Day. Pick up a box of "Emergen C" at Costco and share with staff to encourage them to build up their immune system to get through this spring.

    April 5 | National Deep Dish Pizza Day. Check with your local pizza restaurants and see if they would be willing to donate a few pizzas to honor your staff. Either treat staff to a pizza lunch or utilize them as prizes for a drawing for dinner.

    April 6 | National Carmel Popcorn Day. Individual bags of Carmel Popcorn with a note that reads, “I am popping for JOY that you are a part of our staff. Happy National Popcorn Day.” April 6 is also National Burrito Day. What a great day for a staff burrito potluck to “wrap up your staff” with the good stuff.

    April 7 | National Coffee Cake Day. Pick up a couple boxes of Little Debbie Coffee Cakes for an easy way to celebrate this day.

    April 10 | National Siblings Day. Have staff share pictures of themselves with their siblings and post them on a bulletin board or on your school's media screens. What a great way for your students to get to know the faculty.

    April 11 | National Pet Day. Have staff share pictures of their pets. Then have a class competition to see which classroom can match the most staff with their pets.

    April 12 | National Grilled Cheese Sandwich Day. Ask your PTO or school booster group to make grilled cheese sandwiches for lunch today. April 12 is also National Licorice Day. Have staff vote on preferences for Red Vines vs. Twizzlers?? Or provide licorice in your staff room for a quick snack. Include a note to say, “I am extending a vine to help you pull through the week.”

    April 13 | National Make Lunch Count Day. Provide staff a list of relaxing activities they could do at lunchtime, either individually or with their class. April 13 is also National Scrabble Day. Set out a few Scrabble boards in the staff room for staff to use or write out your school name and mascot, such as "Kelso Virtual Academy Chargers" on a piece of paper and hand it out to your staff. Give staff a set amount of time to create as many words from the phrase.

    April 14 | National Gardening Day. This could be an awesome theme for your Teacher Appreciation Week also. As an idea--"We grow great learners at Loowit High School (fill in your school)." Provide a basket of seeds for your staff with a note of thanks for helping grow students or a tiny (cheap) fushcia start with plant stake.

    April 15 | National Laundry Day—Yes, it is a Saturday, but you can celebrate this on Friday, April 14th, because it is a fun one. Purchase Shout Wipes with a sticker or note that says I want to shout out to the world how thankful I am for you. (Shout Wipes are a must have in the Cromwell Household)

    April 18 | National Animal Cracker Day. Do you remember the red circus boxes of animal crackers? Add a stick on each one that says, “I am thankful you are a part of our circus.”

    April 19 | National Garlic Day. Give everyone a bulb of garlic and a pack of Tic Tacs with a note "I will always have you covered." Or create a poster in the staff room where staff could share favorite things to use garlic in and for. It is also National Banana Day. OK, so let me share with you that my grandmother believed in the power of bananas. Those, along with peppermint and honey, could cure just about everything. Bananas have potassium along with a ton of other good for you nutrients, and well, they do amazing things for the human body. On this day I will be providing bananas for every staff member and a note that says, “Have a Banana. It cures just about everything. –Grandma Alice”

    April 20 | National Look-Alike Day. Can you have a dress-up day where students dress up like a staff member? OR maybe teachers partner with their grade level or content area teams to dress up similarly?

    April 21 | National Tea Day. A tea buffet to greet everyone in the morning with some breakfast pastries. Add a few signs that say, "We are brewing up a successful year. Thank you".

    April 24 | National Bucket List Day. Create a bucket list board in your staff room. Ask staff to write on a post-it something that is on their bucket list and place it on the board.

    April 26 | National Pretzel Day. Pretzels in the staff room or handed out in your treat cart with a note "Everywhere I turn, I see great things happening in your classroom/school." AND April 26 is also National Administrative Professionals Day. The most important day of the month to remember.

    April 27 | National Babe Ruth Day. As Washington State’s BIGGEST Red Sox Fan, I have mixed feelings about this one. However, what a great day to celebrate baseball!! Fill your treat cart or staff room with Cracker Jacks, Peanuts, and Licorice. You could also include Big League Gum and sunflower seeds to add to a baseball feel.

    April 28 | National Superhero Day. Turn lanyards into superhero badges with superhero names, emblems, or a special power they have, OR pass out capes (purchased online) to all of the Superheroes you work with.


    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.

  • Legislative Update | March 20-24, 2023

    by David Morrill | Mar 24, 2023


    legislative update header graphic

    This was another full week in the Legislature with jam-packed agendas in committee hearings, a bit of floor action sprinkled here and there, and plenty of attention on the Senate as they released their budgets. One of my personal highlights of the week was listening to our very own Tricia Kannberg, principal at Deer Park Elementary, share how her Classroom Support App (CSA) works during a work session with members of the Senate Early Learning and K-12 Committee. Tricia and her team created the CSA to provide an immediate response to the needs of students and staff. It has been extremely effective, and the app is now used in 35 different schools. For more information, check out the video of Tricia walking through her app.

    SB 5175 was heard this week in the House Education Committee. Dr. Scott Seaman and I testified in support of the option to allow districts to offer principals up to three-year contracts. We were joined by two of our amazing members, Carlos Gonzalez, principal at McFarland Middle School in Othello, and Gerrit Kischner, principal at Thornton Creek Elementary in Seattle. Dr. Ken Bergevin from Heritage University also testified in support, and we appreciate their time and expertise very much. Representative Sharon Tomiko Santos, Chair of the House Education Committee, has included SB 5175 on her list of bills for executive action next Monday, March 27. You can watch all the testimony on SB 5175 on TVW.


    Budget

    Here are some of the major K-12 public school funding increases in the Senate operating budget, which was released yesterday. OSPI and our colleagues at WASA (and others) are combing through over 1,200 pages looking at the details. The House will release its operating budget next Monday, March 27, and then negotiations will begin to hammer out a final budget.

    SPECIAL EDUCATION – $372 million NGF-O (2023-25); $447 million NGF-O (2025-27) Funding is provided to increase the enrollment cap used to calculate the excess cost allocation for state special education programs and increase the excess cost multiplier for 3 to 5-year-old students not yet enrolled in kindergarten and students in grades K-12 eligible for and receiving special education services pursuant to ESSB 5311.

    K-12 SALARY INFLATION – $264 million NGF-O (2023-25); $630 million NGF-O (2025-27) Funding is provided to change the inflationary adjustment applied to educator salaries pursuant to ESB 5650. IPD is 3.7% for the 2023-24 school year and is estimated at 3.9% in 2024-25.

    PASSENGER REIMBURSEMENT (Transportation) – $100 million NGF-O (2023-25); $100 million NGF-O (2025- 27) Funding is provided for the special passenger safety net program created in ESSB 5174, which provides reimbursement for school districts for excess costs associated with the transportation of passengers eligible for and receiving special education that require transportation as a related service of their individualized education program, homeless students requiring transportation under the federal McKinney-Vento Homeless Assistance Act, and foster students receiving transportation as required under the federal Every Student Succeeds Act.

    COMMUNITY ELIGIBILITY PROVISION EXPANSION – $26.5 million NGF-O (2023 SUPPLEMENTAL); $59 million NGF-O (2023- 25); $61 million NGF-O (2025-27) Funding is provided to reimburse additional school districts required to participate in the federal Community Eligibility Provision (CEP) for school meals. The funding will support schools not eligible for the full federal reimbursement rate.

    In addition to these programs, funding is provided by the Senate to cover the cost of College in the High School courses, which is tremendous, as well as to continue funding for Outdoor Education. There is no increase in funding for principal internships or mentorships, so I will be asking for additional investment for both of these important programs in today’s budget hearing in Senate Ways and Means.


    Bills That Keep Moving

    Both of the special education funding bills are still alive. The Senate bill, SB 5311, would raise the special education cap from 13.5% to 15% and increase the multiplier at a greater rate than the House. The House version, HB 1436, funds special education at a lower level.

    SB 5174 is the transportation funding bill. This bill was narrowed from its original version and would create the Transportation Safety Net. Safety net awards would be provided to school districts with a demonstrated need for additional transportation funding for special passengers, as mentioned above.

    HB 1479, the restraint and isolation bill, would prohibit chemical restraint and mechanical restraint, and prohibit isolation beginning August 2, 2025. It prohibits the creation of isolation rooms and requires isolation rooms to be removed or repurposed by January 1, 2026. It also adds training and professional development requirements. Building administrators are added to this list of people who would be prioritized for this training. We are hearing this bill may not move out of the Senate Education Committee.

    HB 1550 is the Transition to Kindergarten bill. The current version is much improved, and it would rename Transitional Kindergarten as the Transition to Kindergarten program, and state that this program is not part of the state's program of basic education. It directs OSPI to adopt rules for the administration and the allocation of state funding for this program and specifies minimum requirements for these rules. And it provides a funding formula for the program using certain portions of the prototypical school funding model and requires certain data to be reported. Current TK programs will remain in place for the 2023-24 school year, but changes would come in the following school year.

    HB 1658 would authorize high school students to earn up to two elective credits for paid work experience.

    If you are interested in small school construction, SB 5126 (common school trust revenue to the small school modernization program) and HB 1044 (capital financial assistance to small districts with demonstrated funding challenges) were heard this week, and the Senate Capital budget gets a good review by OSPI for its attention to public schools small schools.

    SB 5048 is a fantastic bill that passed the Senate. This bill will require institutions of higher education to provide enrollment and registration in College in the High School courses at no cost to students in grades 9 through 12 at public high schools.

    HB 1207 is now in the Senate, and it would change the term "emergency expulsion" to "emergency removal" and permit certain students to request that their records use the new term. It would also require OSPI to develop a model student handbook that includes, among other things, a complaint procedure related to harassment, intimidation, bullying, and discrimination.

    HB 1478 establishes student rights and is in the Senate. It requires each public school to develop student-focused educational and promotional materials that incorporate the statement and to include the materials into required civics instruction. It directs OSPI to make the statement available on its website.

    HB 1308 passed out of Senate Education yesterday. This bill says that school districts may offer students the opportunity to meet graduation pathway requirements by completing a performance-based learning experience through which the student applies knowledge and skills in a real-world context, providing evidence of applying state learning standards to ELA and math standards (this was amended from the original version that allowed students to choose two of the core areas).

    SB 5243 passed the Senate, and it would revise high school and beyond plan (HSBP) requirements and require OSPI to facilitate the transition to and adoption of a common online platform for HSBPs. It would require school districts to provide access to an adopted universal platform within two years of platform development. I don’t see this bill on the House Education Committee agenda for executive action next week so I’m not sure this bill will keep moving.

    The recess bill, SB 5257 has now passed both the House and the Senate and requires 30 minutes of recess and encourages recess before lunch. It also includes language that discourages withholding recess for disciplinary or academic reasons.

    HB 1316 is another dual credit bill that would allow Running Start students to be funded up to a combined maximum enrollment of 1.6 FTE. It would also allow high school graduates with 15 or fewer college credits to earn before meeting associate degree requirements to continue participation in the summer academic term following graduation. Senator Hawkins intends to add a floor amendment to this to add 10th grade Running Start (one online class only per quarter).

    HB 1565 has a short title of the “Educator Workforce Act.” This bill establishes a teacher residency program and continues work to identify the quality and effectiveness of educator preparation and workforce programs. It has been amended to focus on establishing residency programs for special education teachers only.


    Next Week

    There will be lots more news coming next week regarding the bills that make it out (or don’t) from each policy committee. Wednesday, March 29, is the cutoff date for this to happen. As I mentioned earlier, the House will release its budget on Monday, March 27. I’m off to Washington, D.C., tomorrow morning with a group of 12 of our amazing principals and assistant principals. I look forward to sharing more with all of you next week about that adventure and the conversations we have with our Members of Congress on our Day on the Hill in D.C. on Wednesday, March 29.


    Bill Tracking

    For a quick look at the bills being acted upon next week and a list of the bills that are still moving through the Legislature, check out my bill tracking list.


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

    Thank you so much!

  • Retirement & Health Benefits for March 24, 2023

    by Julie Woods | Mar 24, 2023


    Retirement Blog

    “The level of analysis that is done when you see laws (substitute ‘budgets’) created, whether it’s the city, state or federal level, it’s much more horse-trading than analysis.”

    Michael Bloomberg

    The Senate budget proposal has been released. The House proposal is yet to come. The big-ticket items have been covered earlier in this TWIO. The other financial figures related to funding benefits will be finalized once the assumed differing budget proposals are reconciled. A fuller report detailing those finances will come after the final is done.  

    Below are bills that appear still ‘alive’ and are either reflected in the budget or awaiting further action by the opposite house. Remember that negotiations between both houses are still to occur. Bills from the opposite house that have been amended once passed the floor will either need to be approved by their house of origin or not. Let the horse trading begin.


    Retirement Related Proposals

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

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

    This bill passed the Senate 49/0 and will be sent to the Governor.

    SHB 1056: Repealing some postretirement employment restrictions.

    Comment: Changes the postretirement 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 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.

    This bill is scheduled for Executive Session on 3/28 before Senate Ways and Means.

    ESSB 5294: was amended by the House Appropriations Committee. It changes the contribution rates in effect for the Public Employees' Retirement System (PERS) and the Teachers' Retirement System (TRS) Plans 1 UAAL rates in effect from Fiscal Year 2024 until Fiscal Year 2028 by increasing them generally from 0.50 to 1.0.  This was done to address concerns that, with the original rate proposal, the unfunded liability may continue or worsen. It continues to reduce the scheduled payment of $800 million into the TRS 1 fund to $250 million. The substitute Senate bill was included in their budget.

    SSB 5350: would grant a one-time, capped 3% COLA for TRS1/PERS1 plan members. It also directs the SCPP to recommend a path to regain a permanent COLA for these retirees. It was amended by the House Appropriations Committee. Delays the impact of the benefit cost on the contribution rate for benefits added to the PERS and TRS 1 after June 30, 2009, until July 1, 2027. Specifies that a supplemental contribution rate shall not be charged for the benefits granted in the bill. The original Senate bill was included in their budget. (HB 1057, a companion bill, is likely to be in the upcoming House budget.)

    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.

    The bill passed House 97/0 and will be sent to the Governor.

    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: Allows certain retired public employees who were denied retiree health care coverage by the Public Employees Benefits Board another limited opportunity to enroll. • Only retired or disabled employees who were denied coverage for failure to notify the Health Care Authority of their deferral of coverage, and appealed the denial before December 31, 2022, are provided the new opportunity to enroll.

    This bill passed the House 97/0 and will be sent to the Governor.


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

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

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

    This bill passed Executive Session 3/23 before Senate Labor and Commerce and will be sent to 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. 

    Executive Session is scheduled 3/28 before Senate State Government.

    ESHB 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 a good cause. The bill was amended and requires unemployment benefits based on the good cause quit for certain non-temporary shift changes made by the separating employer to be proportionally charged to the experience rating accounts of all of the claimant's employers from his or her base year rather than charged to the experience rating account of the separating employer only as provided in the underlying bill. Modifies certain verbs from present to past tense to conform amendatory language with current language in the applicable statute.

    This bill is scheduled for Executive Session 3/27.

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

    Comment: Creates a privilege from examination and disclosure for a union representative and a union employee concerning any communication between the union representative or union employee made during union representation. • Applies the privilege from examination and disclosure to the union members and organizations that represent: employees of college districts, public employees, faculty at public four-year institutions of higher education, civil service employees, ferry employees, port employees, and labor unions. It was amended and makes the privilege from testifying that is created in the bill for communications between an employee and union representative inapplicable to circumstances when a union employee discloses information to a union representative about the employee's commission of a crime or intent to engage in criminal conduct.

    Executive Session scheduled before Senate Law and Justice 3/28.

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

    Comment: Requires certain public employers (including school districts) 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.

    Senate Labor and Commerce has scheduled Executive Session 3/27.

    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. It reduces the amount of time a school board must retain recordings of its meetings from five years to one year.  

    This bill has been moved to Senate Rules.

    E2SHB 1320: Concerning access to personnel records.

    Comment: Requires an employer to furnish an employee or former employee with a complete copy of their personnel file at no cost within fourteen 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. • • Allows for redaction of personnel files under certain circumstances.  An adopted amendment amends the requirement that employers must furnish unredacted personnel files in order to account for the exception in the underlying substitute bill requiring redaction. Specifies that, in the definition of "personnel file," the term "however designated" refers to the file in which records are maintained. Specifies that records to be furnished are those records that the employer actually included in a personnel or employment file. It was amended to change the requirement that employers must furnish unredacted personnel files in order to account for the exception in the underlying substitute bill requiring redaction. Specifies that, in the definition of "personnel file," the term "however designated" refers to the file in which records are maintained. Specifies that records to be furnished are those records that the employer actually included in a personnel or employment file. The public employer bears the burden of proving that it redacted only such information as required and is subject to liability under this section for bad faith redaction.

    Moved to Senate Rules, awaiting further action.

    HB 1656: Concerning unemployment insurance benefits appeal procedures.

    Comment: It adds disputes of unemployment insurance (UI) determinations of allowance or denial of allowance of benefits or redeterminations, in addition to a dispute of initial determinations, as issues in appeals proceedings regardless of the grounds in the notice of appeal. • Removes provisions that in a UI appeal on a dispute of a claimant's claim for waiting period credit or UI benefits claim that all UI issues relating to the claimant's right to receive such credit or UI benefits for the period in question are deemed to be in issue regardless of the particular grounds in the notice of appeal; and the claimant's availability for work is determined apart from all other matters.

    It passed the House 96/0 and has been moved to Senate Rules.

    2SSB 5048: Eliminating college in the high school fees.

    Comment: Requires institutions of higher education to provide enrollment and registration in College in the High School (CHS) courses at no cost to students in grades 9 through 12 at public high schools. • Requires the Legislature to appropriate funds to fund CHS courses at inflation-adjusted rates. • Directs high schools that provide a CHS course to include information in the course catalog that there is no fee for students to enroll in a CHS course.

    Executive Session 3/24 has been scheduled before Senate Post-Secondary Education.

    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.

    Executive Session has been scheduled 3/29 before House Labor.

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

    Comment: Prohibits employers from discriminating against a person in an initial hiring decision based on the person's use of cannabis outside of work or based on a finding of no psychoactive cannabis metabolites in an employer-required drug screening test, subject to certain exceptions and other limitations. An adopted amendment excludes safety-sensitive positions for which impairment while working presents a substantial risk of death from the bill. Requires the positions to be identified by the employer prior to the applicant's application for employment.

    Moved to House Rules, awaiting further action.

    E2SSB 5174: Providing adequate and predictable student transportation.

    Comment: Requires the Office of the Superintendent of Public Instruction to provide an analysis of school district transportation costs and allocations to the Legislature by June 1, 2026. • • Creates a special passenger safety net program. It was amended to (1) Provide that transportation safety net awards may only be provided when a school district's allowable transportation expenditures exceed student transportation allocations and any excess transportation costs reimbursed by child welfare agencies. (2) Provide that a transportation safety net award may not exceed a school district's excess expenditures directly attributable to serving special passengers in the pupil transportation program.

    It should be moved to House Rules.

    Note: The original bill and withdrawn proposed amendment mandated employees receive same pension/health benefits paid to state employees. This language has been deleted but may well return during any floor debate. A similar bill, HB 1248, concerning pupil transportation remains in House Rules. 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. • Provides one-time supplemental allocations to districts that experience higher costs because of the new contract requirements. A proposed amendment, among other changes, replaces one-time supplemental allocations of $200 per employee working more than 630 hours per month for districts that experience higher costs under the new contract requirements with a reimbursement subject to funding provided specifically for increased costs. It, too, 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 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 the House and will be sent to the Governor.

    SSB 5286: Modifying the premium provisions of the paid family and medical leave program.

    Comment: Modifies the statutory formula for determining the premium rates for the Paid Family and Medical Leave Program.

    Referred to House Appropriations.

    2SSB 5593: Improving equity in the transfer of student data between K-12 schools and institutions of higher education.

    Comment: Requires institutions of higher education to enter into data-sharing agreements with the Office of the Superintendent of Public Instruction (OSPI) to facilitate the transfer of high school student directory information for purposes of informing students about postsecondary educational opportunities. • Requires school districts to annually transmit directory information for all enrolled high school students to the OSPI and directs the OSPI to make that information available to institutions of higher education. • Directs the OSPI to identify a process for making information about a student's enrollment in an institution of higher education available to the student's school district.

    Referred to House Appropriations.

     

    Fred Yancey
    The Nexus Group LLC

  • Legislative Update | March 13-17, 2023

    by David Morrill | Mar 17, 2023


    legislative update header graphic

    Marching Closer to the Finish Line

    March can feel like a long and busy month in schools, and it is the same in the Legislature. This week, there were lots of hearings on bills by committees in the opposite house. Next week is more of the same. The updated revenue forecast comes out on Monday, March 20, and this will be used to help determine the final operating budgets (and other budgets) for this year’s legislative session. We will see the Senate budget on Thursday, March 23, and it will be heard in Senate Ways and Means on Friday, March 24. We should also see the Senate Capital Budget next week. I’m hearing the House will release its budget the week after.


    Bill Tracking

    For a quick look at the bills being heard next week and a list of the bills that are still moving through the Legislature, check out this bill tracking list.


    Bills That Keep Moving

    Senator Lisa Wellman sponsored SB 5175, which allows districts to offer principals up to a three-year contract. We see this as an option that districts may choose to use to recruit and retain leaders, especially for high school positions. We support this bill because we hope school districts see this as an opportunity to maintain consistent leadership. Dismantling bad-for-student systems and working to make deep, systemic change, takes time and consistent, effective leadership. Principals deserve this job security due to the complex nature of their jobs and the years of experience required to become a highly effective and impactful school leader.

    SB 5175 will be heard in the House Education committee on Tuesday, March 21, at 4 pm. We know there are groups who oppose this bill. They’ll either be testifying or sending emails to legislators voicing their opposition, so we encourage all of you to email your legislators asking for their support. You can do that easily with our latest Action Alert for SB 5175.

    Both of the special education funding bills had hearings this week. The Senate bill, SB 5311, would raise the special education cap from 13.5% to 15% and increase the multiplier at a greater rate than the House. Most groups signed as “pro” or as “other” because this is a higher level of funding, but they wanted the Legislature to go further. The House version, HB 1436, funds special education at a lower level, and most groups signed in as “con.” We’ll see how this comes out next week when these bills should be exec’d (amended and voted out) from the education committees.

    SB 5174 is the only transportation funding bill that survives. This bill was narrowed from its original version and would create the Transportation Safety Net. Safety net awards must be provided to school districts with a demonstrated need for additional transportation funding for special passengers. Special passengers include:

    • students eligible for and receiving special education that require transportation as a related service of their individualized education program,
    • homeless students requiring transportation under the federal McKinney-Vento homeless assistance act, and
    • foster students receiving transportation as required under ESSA.

    HB 1479, the restraint and isolation bill, would prohibit chemical restraint and mechanical restraint, and prohibit isolation beginning August 2, 2025. This bill will be heard next Monday in the Senate Early Learning and K-12 committee. It prohibits the creation of isolation rooms and requires isolation rooms to be removed or repurposed by August 1, 2025. It also adds training and professional development requirements. Building administrators are added to this list of people who would be prioritized for this training.

    HB 1550 is the Transition to Kindergarten bill. Legislators are trying to ensure funding stays the same for the current programs while creating statutes and procedures for future programs. This bill will be heard next Wednesday in the Senate Early Learning and K-12 committee. Current TK programs will remain in place for the 2023-24 school year, but changes would come in the following school year.

    HB 1658 would authorize high school students to earn up to two elective credits for paid work experience. This will be heard on Wednesday, March 22 in the Senate Early Learning and K-12 committee.

    If you are interested in small school construction, SB 5126 (common school trust revenue to the small school modernization program) and HB 1044 (capital financial assistance to small districts with demonstrated funding challenges) have been scheduled next week for public hearings.

    SB 5048 is a fantastic bill that passed the Senate. This bill will require institutions of higher education to provide enrollment and registration in College in the High School courses at no cost to students in grades 9 through 12 at public high schools.

    HB 1207 moves over to the Senate, and it would change the term "emergency expulsion" to "emergency removal" and permit certain students to request that their records use the new term. It would also require OSPI to develop a model student handbook that includes, among other things, a complaint procedure related to harassment, intimidation, bullying, and discrimination.

    HB 1478 establishes student rights and moves over to the Senate. It requires each public school to develop student-focused educational and promotional materials that incorporate the statement and to include the materials into required civics instruction. It directs OSPI to make the statement available on its website.

    HB 1308 was heard this week in the Senate. This bill says that school districts may offer students the opportunity to meet graduation pathway requirements by completing a performance-based learning experience through which the student applies knowledge and skills in a real-world context, providing evidence of applying state learning standards in at least two of the core subject areas identified by the State Board of Education that are most directly aligned with the student's education or career goals as stated in their HSBP.

    SB 5243 passed the Senate, and it would revise high school and beyond plan (HSBP) requirements and require OSPI to facilitate the transition to and adoption of a common online platform for HSBPs. It would require school districts to provide access to an adopted universal platform within two years of platform development. This bill was heard in the House Education Committee this week.

    The recess bill, SB 5257, passed out of the House Education committee this week and is on the second reading calendar in the House Rules committee. The bill was amended to more closely match the House bill (HB 1504), and it requires 30 minutes of recess and encourages recess before lunch. It also includes language that discourages withholding recess for disciplinary or academic reasons.

    HB 1316 is another dual credit bill that would allow Running Start students to be funded up to a combined maximum enrollment of 1.6 FTE. It would also allow high school graduates with 15 or fewer college credits to earn before meeting associate degree requirements to continue participation in the summer academic term following graduation.

    HB 1565 has a short title of the “Educator Workforce Act.” This bill establishes a teacher residency program and continues work to identify the quality and effectiveness of educator preparation and workforce programs. This bill also addresses the BEST program. We are hopeful funding for principal mentorships will increase, as well as funding for principal internships.


    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!

  • Principal Mentoring: The Leaders Lens

    by David Morrill | Mar 17, 2023

    Principal Mentoring

    Leader’s Lens Newsletter, by Jacob Espinoza, has been a new find since about mid-February. I love Jacob’s writing voice, and you know what? It’s so practical! The newsletter starts with a short set of statements that ABSOLUTELY apply to leadership. There is a little bit of self-care, thought-provoking questions (great daily journal prompts), and then a “Deep Dive.” The February 19 Deep Dive leaned into The 6 Heads of Leadership…powerful read and so applicable to our AWSP Mentor Program.

    If you remember back to AWSP Mentor Training, we looked at an article that had mentors comparing the difference between mentoring and coaching. I know…it caused some cognitive dissonance…but that’s a good thing because it got all of you thinking about what you do actively to support your new leaders. What I really liked about the 6 Heads deep dive was the applicable tools outlined. Give it a read, I’d love to hear what you think!

    Additionally, as you cruise through the website, you’ll see multiple opportunities to check out other newsletters. Are you trying to think through your communications to families? Maybe you’d be interested in checking out Tracey Wallace’s Contentment Newsletter. Are you feeling exhausted, overwhelmed, frustrated, and hanging on by a thread? Maybe you’d like to read Hebba Youssef’s “I hate it here” newsletter, lots of great nuggets here. Her most recent post on Inclusive Environments was thought-provoking. Until next time…

  • Retirement & Health Benefits for March 17, 2023

    by Julie Woods | Mar 17, 2023


    Retirement Blog

    Appropriation:

    “The bill contains a null and void clause requiring specific funding be provided in an omnibus appropriation act.”

    The revenue forecast is set to be released on the afternoon of March 20th. Budget releases and hearings follow shortly after. Therein lies the importance of the null and void clause. As Casey Stengel might have said, “If it cost somethin’ and ain’t in the budget, it ain’t going to happen.”

    Listed below are bills that appear still "alive", remembering that negotiations are expected between both houses as they work out differences between the competing budgets. And as always, NTIB bills remain in the background and may come forward at any time.


    Retirement Related Proposals

    As a repeat of 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, ESSB 5294, and HB 1201.

    There are three basic bills currently moving that deal with pensions. These address the request for a one-time 3% COLA, employer rates, and how to deal with the $800 million the legislature set aside last session to lower the unfunded liability within TRS Plan 1.

    ESSB 5294 was amended. Reduces the minimum contribution rates for the Plan 1 Unfunded Actuarial Accrued Liability (UAAL) in the Public Employees' and Teachers' Retirement System Plans 1 (PERS 1 and TRS 1) to 0.5 percent. • Sets UAAL rates for PERS 1 and TRS 1 for fiscal years 2024 through 2027. • Reduces the scheduled payment of $800 million into the TRS 1 fund to $250 million.

    The Senate passed the bill 48/0. A public hearing was held on 3/9, and the bill awaits further action by the House Appropriations Committee.

    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 bill remains on the floor calendar and may well be NTIB since it deals with what to do with the previously dedicated millions.

    Comment:  A key difference between 5294 and 1201 deals with the $800 Million the legislature budgeted last session to pay down the unfunded liability in TRS Plan1. Do we (legislators/budget writers) take all $800 million for use elsewhere? (HB 1201) or, Do we legislators/budget writers take all but $250 million? (ESSB 5294). The soon-to-released budgets will tell the tale. The other key difference is the effect on rates both short and long-term. Each deals with these projected rates differently.  

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

    The amended bill passed the House 96/0. The Senate Ways and Means Committee passed a striker that made it an identical companion to SB 5350 and struck out the rate freeze language.

    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.

    This bill is on the Senate floor calendar awaiting further action.

    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.

    This bill is on the Senate floor calendar awaiting further action.

    SHB 1056: Repealing some postretirement employment restrictions.

    Comment: Changes the postretirement 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 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.

    This bill is scheduled for a public hearing on 3/16 before 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.

    The bill is in House Rules, awaiting further action.

    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: Allows certain retired public employees who were denied retiree health care coverage by the Public Employees Benefits Board another limited opportunity to enroll. • Only retired or disabled employees who were denied coverage for failure to notify the Health Care Authority of their deferral of coverage, and appealed the denial before December 31, 2022, are provided the new opportunity to enroll.

    This bill is in House Rules 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: Allows an injured worker to make an audio and video recording of an independent medical examination and to have one person of the worker's choosing present during the examination.

    This bill is scheduled for Executive Session 3/21 before Senate Labor and Commerce.

    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.

    A public hearing is scheduled 3/24 before Senate State Government.

    ESHB 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 is scheduled for Executive Session 3/21 before Senate Labor and Commerce even before the public hearing on 3/16.

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

    Comment: Creates a privilege from examination and disclosure for a union representative and a union employee concerning any communication between the union representative or union employee made during union representation. • Applies the privilege from examination and disclosure to the union members and organizations that represent: employees of college districts, public employees, faculty at public four-year institutions of higher education, civil service employees, ferry employees, port employees, and labor unions.

    A public hearing before Senate Law and Justice is scheduled 3/23.

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

    Comment: Requires certain public employers (including school districts)  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.

    SHB 1200 passed the House 56/41 and has been moved to Senate Labor and Commerce for a public hearing 3/16.

    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 is scheduled for Executive Session before the Senate State Government Committee 3/17.

    E2SHB 1320: Concerning access to personnel records.

    Comment: Requires an employer to furnish an employee or former employee with a complete copy of their personnel file at no cost within fourteen 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. • • Allows for redaction of personnel files under certain circumstances.  An adopted amendment reads: “Provides that a public employer has the burden of proving that it redacted only information as required and is subject to liability for bad faith redaction.”

    Scheduled for Executive Session 3/21 before Senate Labor and Commerce.

    2SSB 5048: Eliminating college in the high school fees.

    Comment: Requires institutions of higher education to provide enrollment and registration in College in the High School (CHS) courses at no cost to students in grades 9 through 12 at public high schools. • Requires the Legislature to appropriate funds to fund CHS courses at inflation-adjusted rates. • Directs high schools that provide a CHS course to include information in the course catalog that there is no fee for students to enroll in a CHS course.

    A public hearing 3/21 and Executive Session 3/24 have been scheduled before Senate Post-Secondary Education.

    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.

    A public hearing has been scheduled 3/22 before House Labor.

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

    Comment: Prohibits employers from discriminating against a person in an initial hiring decision based on the person's use of cannabis outside of work or based on a finding of no psychoactive cannabis metabolites in an employer-required drug screening test, subject to certain exceptions and other limitations.

    Executive Session before House Labor has been scheduled 3/21.

    E2SSB 5174: Providing adequate and predictable student transportation.

    Comment: Requires the Office of the Superintendent of Public Instruction to provide an analysis of school district transportation costs and allocations to the Legislature by June 1, 2026. • • Creates a special passenger safety net program. (Note: The original bill and withdrawn proposed amendment mandate employees receive same pension/health benefits paid to state employees. This language has been deleted.)

    Had a public hearing before House Appropriations 3/15 and is awaiting further action.

    SB 5240Concerning 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: House Labor Committee had a public hearing 3/15, and the bill is awaiting further action. HB 1656 passed the House 96/0 and has been moved to Senate Labor and Commerce awaiting scheduling.

    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 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.

    This bill has been sent to House Rules for further action.

    SSB 5286: Modifying the premium provisions of the paid family and medical leave program.

    Comment: Modifies the statutory formula for determining the premium rates for the Paid Family and Medical Leave Program.

    Scheduled for Executive Session before House Labor Committee 3/17.

    2SSB 5593: Improving equity in the transfer of student data between K-12 schools and institutions of higher education.

    Comment: Requires institutions of higher education to enter into data-sharing agreements with the Office of the Superintendent of Public Instruction (OSPI) to facilitate the transfer of high school student directory information for purposes of informing students about postsecondary educational opportunities. • Requires school districts to annually transmit directory information for all enrolled high school students to the OSPI and directs the OSPI to make that information available to institutions of higher education. • Directs the OSPI to identify a process for making information about a student's enrollment in an institution of higher education available to the student's school district.

    Scheduled for Executive Session before House Education 3/20.

    Fred Yancey
    The Nexus Group LLC

  • Two Washington Students Selected for the 2023 United States Senate Youth Program

    by David Morrill | Mar 13, 2023


    United States Senate Youth Program - education leadership public service

    The United States Senate Youth Program (USSYP) announces that high school students Mr. Rishi Hazra and Ms. Claire Anne Michal joined Senator Patty Murray and Senator Maria Cantwell in representing Washington during the 61st annual USSYP Washington Week, held March 4 — 11, 2023. Rishi Hazra of Sammamish and Claire Michal of Marysville were selected from among the state’s top student leaders to be part of the 104 national student delegation. Each delegate will also receive a $10,000 college scholarship for undergraduate study. 

    The alternates, Ms. Madhumitha Gandhi, a resident of Snoqualmie, who attends Mount Si High School, and Ms. Dwija Adamala, a resident of Olympia, who attends Olympia High School, will receive $250 from AWSP to help with their higher education costs. Read the full press release to learn more about the winners and the program . To learn how to apply in the future, read AWSL's USSYP page .

    Contact Information: For questions about Washington's delegates, alternates, or selection process, email Roz Thompson  or Julie Woods or reach them by phone at (360) 357-7951. For general information about the United States Senate Youth Program, email Program Director Ms. Rayne Guilford or reach her by phone at (800) 425-3632.


    Winners   

    headshot of Rishi Hazar

    Rishi Hazra

    Rishi Hazra

    Rishi Hazra is a Senior at Skyline High School in Sammamish, Washington. He leads environmental efforts within his community on the Issaquah and Sammamish Community Boards and has engaged in research and written articles related to science, the environment, and student voice. Rishi plans to study Environmental Policy and Chemistry in college and eventually pursue a law degree. He also intends to run for public office in the future.

    headshot of Rishi Hazar

    Claire Michal

    Claire Michal

    Claire Michal is a Senior at Marysville Getchell High School in Marysville, Washington. She is the Founder and President of the Future Voters Club, the President of the Business and Marketing Club for DECA and FBLA, and participates on her school’s basketball and track teams. Claire’s goal is to serve our country as a diplomat, and her passion for this has been fueled by her studies of American history and government. In college, she plans to pursue a degree in International Relations with a possible minor in Political Science or Arabic.


    Alternates

    Madhumitha Gandhi

    Madhumitha Gandhi is a Senior at Mount Si High School in Snoqualmie, Washington. She is a Coalition Leader for the Empower Youth Network and a student representative on the Snoqualmie Valley School Board. Madhumitha also participates in many different clubs, such as Speech and Debate, National Honor Society, Key Club, and Diversity Club. She intends to study Computer Science in college so she can use technology to help improve the lives of others.

    Dwija Adamala

    Dwija Adamala is a Senior at Olympia High School in Olympia, Washington. She is the Capital Region Vice President for FBLA, a TEDx Lead Organizer for her school, the President of the Speech and Debate Club, and an officer in the National Honor Society. In college, Dwija intends to complete a double major in Computer Science and Economics and Public Policy. After that, she plans to attend law school and will continue to work on social justice issues within communities.

  • Retirement & Health Benefits for March 10, 2023

    by Julie Woods | Mar 10, 2023


    Retirement Blog

    "A camel is a horse designed by a committee."

    Alec Issigonis

    The deadline for bills to pass their house of origin has passed. Committee agendas are now full of hearings on bills from the opposing house.

    Listed below are bills that appear still ‘alive’ remembering that NTIB bills are always in the background and may come forward at any time.


    Retirement Related Proposals

    As a repeat of 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 three basic bills currently moving that deal with pensions. These address the request for a one-time 3% COLA, employer rates, and how to deal with the $800 million the legislature set aside last session to lower the unfunded liability within TRS Plan 1.

    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 regain a permanent COLA for these retirees.

    The Senate passed the bill 48/0, and it is scheduled for a public hearing 3/9 before House Appropriations.

    ESSB 5294 was amended. Reduces the minimum contribution rates for the Plan 1 Unfunded Actuarial Accrued Liability (UAAL) in the Public Employees' and Teachers' Retirement System Plans 1 (PERS 1 and TRS 1) to 0.5 percent. • Sets UAAL rates for PERS 1 and TRS 1 for fiscal years 2024 through 2027. • Reduces the scheduled payment of $800 million into the TRS 1 fund to $250 million.

    The Senate passed the bill 48/0, and it is scheduled for a public hearing 3/9 before 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 regain 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 is scheduled for Executive Session 3/21 before Senate Ways and Means.

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

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

    SHB 1007 passed the House 97/0 and has moved to Executive Session 3/13 before Senate Ways and Means.

    HB 1008Concerning 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 Executive Session 3/13 before Senate Ways and Means.

    SHB 1056Repealing some post-retirement employment restrictions.

    Comment:Changes the postretirement 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 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 Executive Session 3/13 before Senate Ways and Means.

    SSB 5121Extending 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: Allows certain retired public employees who were denied retiree health care coverage by the Public Employees Benefits Board another limited opportunity to enroll. • Only retired or disabled employees who were denied coverage for failure to notify the Health Care Authority of their deferral of coverage, and appealed the denial before December 31, 2022, are provided the new opportunity to enroll.

    This bill passed the Senate 48/0 and was sent to House Appropriations for a public hearing 3/9 and Executive Session 3/15.


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

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

    Comment: Allows an injured worker to make an audio and video recording of an independent 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 have a public hearing 3/14 before the Senate Labor and Commerce 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.

    Passed the House 95/0 and has been moved to Senate State Government awaiting scheduling.

    SHB 1106Concerning 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 passed House 51/44 and has been sent to Senate Labor and Commerce awaiting a hearing.

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

    Comment: Creates a privilege from examination and disclosure for a union representative and a union employee concerning any communication between the union representative or union employee made during union representation. • Applies the privilege from examination and disclosure to the union members and organizations that represent: employees of college districts, public employees, faculty at public four-year institutions of higher education, civil service employees, ferry employees, port employees, and labor unions.

    This bill passed the House 95/0 and has been sent to Senate Law and Justice for scheduled hearing.

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

    Comment: Requires certain public employers (including school districts)  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.

    SHB 1200 passed the House 56/41 and has been moved to Senate Labor and Commerce for a public hearing 3/16.

     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 is scheduled for Executive Session before the Senate State Government Committee 3/17.

    SHB 1248Concerning 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 did not advance out of Rules and is ‘dead’ subject to legislative whim.

    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.

    2SSB 5048: Eliminating college in the high school fees.

    Comment: Requires institutions of higher education to provide enrollment and registration in College in the High School (CHS) courses at no cost to students in grades 9 through 12 at public high schools. • Requires the Legislature to appropriate funds to fund CHS courses at inflation-adjusted rates. • Directs high schools that provide a CHS course to include information in the course catalog that there is no fee for students to enroll in a CHS course.

    Passed the Senate 48/0 and has been sent to the House awaiting assignment.

    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 passed the Senate 47/2 and is awaiting assignment.

    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.

    Passed Senate 28/21. Sent to House Labor for public hearing 3/14.

    SHB 5174: Providing adequate and predictable student transportation.

    Comment: Requires the Office of the Superintendent of Public Instruction to provide an analysis of school district transportation costs and allocations to the Legislature by June 1, 2026. • • Creates a special passenger safety net program.

    This bill passed Senate 48/0 and is scheduled for a public hearing before House Appropriations 3/15.

    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 for a public hearing 3/15. HB 1656 passed the House 96/0 and has been moved to Senate Labor and Commerce awaiting scheduling.

    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 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 for a public hearing 3/9 and Executive Session on 3/15.

    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. • Removes expired and outdated language in the PFML premium provisions.

    Passed Senate 48/0 and moved to House Labor Committee for public hearing 3/14 and Executive Session 3/17.

    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 awaiting scheduling.

    2SSB 5593: Improving equity in the transfer of student data between K-12 schools and institutions of higher education.

    Comment: Requires public institutions of higher education to enter into data-sharing agreements with the Office of the Superintendent of Public Instruction (OSPI) to facilitate the transfer of high school student directory information for informing high school students of postsecondary educational opportunities in the state. • Requires school districts with a high school to annually transmit directory information to OSPI by November 1st. • Directs OSPI, by no later than the 2025-26 school year, to identify a process for providing student enrollment information to school districts. • Permits the State Board for Community and Technical Colleges to coordinate with all community and technical colleges (CTCs) to develop a single data-sharing agreement between the CTCs and OSPI.

    Passed the Senate 40/8 and has been moved to House Education for a public hearing 3/13.

    Fred Yancey
    The Nexus Group LLC

  • Special Education and 504 Tips & Resources | March 10, 2023

    by David Morrill | Mar 10, 2023

     

    image of inclusion cutout people

    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:
    5 Ways to Inspire a Love for Learning in Students

    504:
    Section 504: Beyond the Basics

    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:
    January CASE Training 2023
    Legislative Tracker Link

    • Yellow — OSPI requested
    • Purple — Sped 

    Upcoming Classes and Events:

    Special Education Teacher PD

  • Legislative Update | March 6-10, 2023

    by David Morrill | Mar 10, 2023


    legislative update header graphic

    One Through, One To Come Back To

    On the morning of the house of origin cutoff, SB 5175 passed the Senate. Many thanks to all of you who engaged with your Senators and sent emails encouraging them to support this bill.

    Senator Lisa Wellman sponsored SB 5175, which allows districts to offer principals up to a three-year contract. We see this as an option that districts may choose to use to recruit and retain leaders, especially for high school positions. We support this bill because we hope school districts see this as an opportunity to maintain consistent leadership. Dismantling bad-for-student systems takes time and consistent, effective leadership. Principals deserve this job security due to the complex nature of their jobs and the years of experience required to become a highly effective and impactful school leader.

    The Senate added two amendments. One requires a record check before signing a three-year contract. The other amendment says a contract can’t be renewed until the final year of the contract.

    We’re disappointed the bill we wrote, SB 5085, didn’t pass this session. However, we feel good about elevating the conversation around support for principals and assistant principals. We will continue our advocacy around the various pieces of this bill and involve even more education advocates in this conversation.


    Other Bills That Keep Moving

    The big budget push in education this year is for increased special education funding. The House had a robust and passionate discussion about how to accomplish this. HB 1436 ultimately passed after much discussion on the House floor with lower funding levels than many would have liked. The Senate passed SB 5311, and it would raise the special education cap from 13.5% to 15% and increase the multiplier at a greater rate than the House.

    SB 5174 is the only transportation funding bill that survives. This bill was narrowed from its original version and would create the Transportation Safety Net. Safety net awards must be provided to school districts with a demonstrated need for additional transportation funding for special passengers. Special passengers include:

    • students eligible for and receiving special education that require transportation as a related service of their individualized education program,
    • homeless students requiring transportation under the federal McKinney-Vento homeless assistance act, and
    • foster students receiving transportation as required under ESSA.

    The recess bill, SB 5257, was heard last week in the House Education Committee and passed out of that committee this week. The bill was amended to more closely match the House bill (HB 1504), and it requires 30 minutes of recess and encourages recess before lunch. It also includes language that discourages withholding recess for disciplinary or academic reasons.

    HB 1479, the restraint and isolation bill, would prohibit chemical restraint and mechanical restraint, and prohibit isolation beginning August 2, 2025. It prohibits the creation of isolation rooms and requires isolation rooms to be removed or repurposed by August 1, 2025. It also adds training and professional development requirements. Building administrators are added to this list of people who would be prioritized for this training.

    HB 1550 is the Transition to Kindergarten bill. Legislators are trying to ensure funding stays the same for the current programs while creating statutes and procedures for future programs. Current TK programs will remain in place for the 2023-24 school year, but changes will come in the following school year.

    HB 1308 will be heard next Monday in the Senate. This bill says that school districts may offer students the opportunity to meet graduation pathway requirements by completing a performance-based learning experience through which the student applies knowledge and skills in a real-world context, providing evidence of applying state learning standards in at least two of the core subject areas identified by the SBE that are most directly aligned with the student's education or career goals as stated in their HSBP.

    SB 5243 passed the Senate, and it would revise high school and beyond plan (HSBP) requirements and require OSPI to facilitate the transition to and adoption of a common online platform for HSBPs. It would require school districts to provide access to an adopted universal platform within two years of platform development. This bill will be heard in the House Education Committee next week.

    SB 5048 is a fantastic bill that passed the Senate this week. This bill will require institutions of higher education to provide enrollment and registration in College in the High School courses at no cost to students in grades 9 through 12 at public high schools.

    HB 1316 is another dual credit bill that would allow Running Start students to be funded up to a combined maximum enrollment of 1.6 FTE. It would also allow high school graduates with 15 or fewer college credits to earn before meeting associate degree requirements to continue participation in the summer academic term following graduation.

    HB 1565 has a short title of the “Educator Workforce Act”. This bill establishes a teacher residency program and continues work to identify the quality and effectiveness of educator preparation and workforce programs. This bill also addresses the BEST program. We are hopeful funding for principal mentorships will increase, as well as funding for principal internships.

    HB 1207 moves over to the Senate, and it would change the term "emergency expulsion" to "emergency removal" and permit certain students to request that their records use the new term. It would also require OSPI to develop a model student handbook that includes, among other things, a complaint procedure related to harassment, intimidation, bullying, and discrimination.

    HB 1478 establishes student rights and moves over to the Senate. It requires each public school to develop student-focused educational and promotional materials that incorporate the statement and to include the materials into required civics instruction. It directs OSPI to make the statement available on its website.


    Bill Tracking

    There are more bills still moving through the Legislature. Here are the bills being heard next week and the complete list of bills that I’m tracking.


    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!

Back To Top