Education Committee – Week 8, 2022

COMMITTEE ACTION:

SF 2291 – Para Educator ARRC Emergency Fix

SF 2291 extends the Governor’s declaration allowing a certified para-educator with a substitute authorization to substitute in any classroom in grades from preschool through grade 12, except a driver’s education classroom. The bill requires schools to look for official substitutes before pulling a para away from their job/special needs child supports. If a para is pulled away from doing their para job, they are paid at the district going rate for a substitute while they are doing that work. The bill authorizes the Board of Educational Examiners (BOEE) to adopt emergency rules to implement the bill. This is a better version, as opposed to their current emergency rule without these safeguards. The bill takes effect upon enactment, but only extends the para-educator substitute authorization through the end of this school year.
[3/1: Short Form (Excused: Carlin)]

FLOOR ACTION:

SF 2356 – Volunteer substitute teachers

SF 2356 authorizes school districts to use “volunteer” substitute teachers. These would be unpaid individuals that hold the appropriate teaching license or authorization from the BOEE that allows them to substitute. Background checks and relevant licensure requirements would apply to these volunteer substitute teachers. A committee amendment was adopted saying volunteer substitutes must not be currently employed by the district or be a school board member.
[2/28: 38-7 (No: Bolkcom, Celsi, Jochum, Petersen, J. Smith, Trone-Garriott, Wahls; Excused: Carlin, Hogg, J. Taylor, Zaun, Zumbach)]

HF 2416 – Banning transgender athletes from playing sports

HF 2416 bars transgender girls from participating in girls’ sports. The bill defines a person’s gender to be what is listed on the student’s official birth certificate or certificate issued upon adoption. This bill applies to K12 public and accredited nonpublic school, the girls’ and boys’ athletic unions, community colleges, private (House added) and public colleges and universities.

Lawsuits: The bill allows schools to be sued if they do not comply with the requirements of the bill. A student that reports a violation under this bill has a private cause of action against their school or organization for adverse treatment for reporting such actions. The bill allows a student who “suffers harm” as a result of a violation a transgender girl athlete ban to have a private cause of action for injunctive, damages and declaratory relief against the educational institution or organization. If schools comply with the ban, they will not be liable to the trans girls that have been harmed.

A governmental entity is not allowed to investigate a complaint or take any adverse action against an accredited nonpublic school, school district, organization or employee. Government entities are prohibited from taking adverse action against any school or their employees for compliance with the bill’s transgender athlete prohibition.

Attorney General and State Costs: The bill requires the Attorney General to provide legal representation at no cost to an educational institution, organization or employee for any lawsuit brought or any complaint filed against that entity as a result of compliance with the bill’s requirements. The bill also requires the state to assume financial responsibility for any other expense related to the lawsuit or complaint, including any award for attorney fees and costs for which that entity or individual would be otherwise responsible.
[3/2: 31-17 (Excused: Kinney, Zumbach)]