Cutoff days are a kind of celebration around the Capitol, especially when there are so many bills in play in the first few weeks of a supplemental session. As of 5 pm on January 31st (the first policy cutoff), WSSDA's Bill Tracker moved from 213 to 127 bills on the list. That gives all of us an opportunity to narrow our focus and ramp up our advocacy efforts for the bills we want to see pass and to share concerns and propose amendments to those that live on and still need improvement.

There is another critical cutoff date coming up on Monday, February 5th for any bill that passed out of its policy committee and is referred to a budget committee. Bills still referred to a budget committee must be voted out of its house of origin (House bills through Appropriations and Senate bills through Ways and Means) by 5 pm on Monday. 

WSSDA membership prioritized staffing, school construction, special education, transportation, and school meals following the 2023 General Assembly. Several bills related to those priorities are still alive and need your voice to propel them forward.

The two bills listed below are Governor’s request bills that would increase the current funding cap from 15 percent to 17.25 percent. All of the districts on the map below in color would benefit from this proposed increase. While not every district is currently highlighted, the entire system benefits by prioritizing our students with disabilities. It is not only a legal imperative, but a moral one.

HB 2180 – Referred to Rules for Review

• As the House Rules Committee to move to Floor Calendar

SB 6014 – Referred to Ways and Means

• Ask Ways and Means Committee to schedule for a hearing and vote out by 2/5

School district expenditures for special education and related services still substantially exceed special education funding, leaving most districts to rely on local levies to supplement special education programs. School districts have state and federal legal obligations to serve all students with disabilities in Washington, regardless of the cost of services. Our legislators share in that obligation.

Every day matters and your timely and ongoing advocacy is essential. Follow us on Instagram @wssda_1477 for action alerts and feel free to contact us anytime for ideas, tools, and support at strategicadvocacy@wssda.org.

The Washington State School Directors’ Association (WSSDA) signed in other on several bills related to burden of proof. As currently written, both bills shift the burden to the accused – the school district - in due process hearings in all circumstances. From our legal perspective, the shift of burden to the school district makes sense under only two circumstances. The first is if the other party, generally the parent, is not represented by legal counsel. However, parents are often represented by counsel and in addition to benefiting from that skillful representation, under the IDEA they have the right to recover their attorneys’ fees if they prevail. The other is if the other party has requested to mediate, but the school district has refused. Because the burden should be with the accuser not the accused, we hope legislators will consider revisions to bill language.

HB 1914: Improving the education of students with varying abilities by enhancing special education services. (Referred to House Appropriations)

• Requires school districts to provide specified information to parents with special education services correspondence and materials. 
• Directs school districts to make a report about the quantity and method of special education services delivered to a student during the prior quarter available to the student's parent upon request. 
• Directs, subject to appropriation, educational service districts to employ or contract for certain professional services to assist school districts. 
• Establishes special education due process hearing requirements. 



SB 5883: Concerning the burden of proof for special education due process hearings. (Passed off Senate Floor)

• Provides that a school district has the burden of proof when it is a party to a special education due process hearing. 
• Creates an exception to this burden of proof requirement in circumstances when a parent seeks reimbursement for a unilateral parental placement. 

Which of these two bills are of more concern?

Equally concerned about both as they pertain to the shift of burden of proof.

Is it true there are systems in place accessible to parents who are unable to afford representation?

It’s complicated and thus the argument made that the unrepresented parents are disadvantaged and out of fairness the district should take on the burden of proof.

What is the potential cost if the burden of proof shifts to the districts?

Varies district to district. The costs and time involved will increase of course but will only know by a case-by-case basis the true impact. The documentation of services will increase staff time but will also provide a benefit – this tracking will prepare and put the district in a better position if they should be challenged.

Discuss with your districts your current practices regarding this and what the predicted implications would be if the burden of proof is required by districts.

It is best to look at the fairness argument rather than cost, which is hard to quantify and less persuasive. Speak to the burden on staff and the time that will be taken away from them being able to deliver the services.

Guided by WSSDA's member-adopted positions, we weighed in on just a couple of bills as most hearings were executive sessions and not for public comment. Some of your fellow school board members provided thoughtful and relevant testimony as follows:

Early Learning & K-12 Education (Senate) - 1/29 @ 1:30pm 

SB 6223 - Updating school district director compensation. (Testified PRO with concerns - Sara Betnel, Shoreline SD)

SB 5964 - Increasing student access to free meals served at public schools. (Testified PRO - Nikki Lockood, Spokane SD)

You can also track education bills and weekly schedules on the WSSDA website.

Please let us know if you have any questions or comments by emailing strategicadvocacy@wssda.org. 

With the exception of Monday, February 5th having final budget hearings before the cutoff that day at 5 pm, no hearings will be held next week in order to allow for floor debates and votes. Keep an eye on the floor calendars by going to the Washington State Legislature Online website. You'll see calendar links front and center on the home page.