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House Bill 1436

[Bill is progressing]

This bill would significantly increase funding for special education in Washington.

BACKGROUND

The state special education formula has two parts.

The first part is for calculating funding for students ages 3-5 who are not enrolled in kindergarten and are eligible for and receiving special education services. The second part applies to students ages 5-21 who are eligible for and receiving special education services and enrolled in K-12. 

 

Special education funding is in addition to the full basic education allocation (BEA) available for any student attending public schools in Washington state. The result is that school districts have two primary sources of revenue to support special education services to students: basic education and special education.

 

To determine funding levels a district’s BEA is multiplied by what is called a ‘multiplier.’ This multiplier determines how much additional money a district receives to provide special education services to qualifying students. 

 

There are 3 multipliers that direct special education funding for students aged 3-21. 

  • For students ages 3–5 who have not enrolled in kindergarten who are eligible for and receiving special education their multiplier is 1.15

    • So, to determine the amount of special education funding a student aged 3-5 generates is determined by multiplying 1.15 by a district’s BEA

  • For students aged 5-21 enrolled in K-12 there are 2 different multipliers

    • For students receiving special education services who are in a general education classroom for 80% or more of the school day their multiplier is 1.0075

    • For students  receiving special education services who are in a general education classroom for less than 80% of the day their multiplier is 0.995

Special Education funded enrollment cap

Currently, Washington state special education funding formulas limit the percentage of students who can generate state special education funding in a district to 13.5% of total district enrollment. This means that a district will only receive state funding for up to 13.5% of their students, even if more than 13.5% of students receive special education services. However, districts are still required by state and federal law to provide special education services to all students with a qualifying disability.

 

Creating a cap for funding special education and the level Washington has set is not based on best practice or research. The enrollment cap is often framed by interested stakeholders  as either a mechanism to limit overidentification of students needing special education services or a mechanism to limit costs related to funding special education services. Currently, 51% of districts, tribal compact schools, and public charter schools receive less funding because of the funded enrollment cap, but still provide all students identified as needing special education services with those services. 

SUMMARY

  • This bill would bring about several funding increases:

    • By 2026-27 the special education multipliers will be increased to the following levels:

      • The multiplier for students receiving special education services who are in a general education classroom for 80% or more of the school day will increase from 1.0075 to 1.059 over the next 4 years

      • The multiplier for students receiving special education services who are in a general education classroom for less than 80% of the day the multiplier will increase from 0.995 to 1.043 over the next 4 years

    • Increases the funded enrollment cap from 13.5% to 15.0% between 2023-24 and 2025-26 and will completely eliminate the funded enrollment cap by 2027-28

  • It would require the Office of Superintendent of Public Instruction (OSPI) to review data for disproportionate identification of students and assist school districts to support inclusionary teaching practices.

  • It would also require the Joint Legislative Audit and Review Committee (JLARC) to prepare a report and conduct a performance audit of the state's special education system on several topics, including recommendations for funding formulas changes. 

  • And it would allow the use of basic education funding to be spent on special education purposes and requires the OSPI to redirect up to 50 percent of a school district's special education students’ basic education funding for special education in certain circumstances.

POINTS TO CONSIDER ABOUT THIS BILL

OSPI estimates that in 2021-22 Washington schools spent over $400 million more on special education services than they received in combined state and federal funding to provide special education services. 

 

The changes included in this version of HB 1436 will add $177 million in funding during the upcoming two-year budget cycle, 2023-25. That amount will increase to $252 million for the 2025-27 budget cycle and $301 million for the 2027-29 budget cycle.

 

Historically, students with disabilities have been excluded from public education, segregated from students without disabilities, and not meaningfully included in the general education classroom. Washington has taken steps in recent years to address these historic practices, but are still in the process of creating a system that is inclusive and welcoming to all students.  

HOW TO GET INVOLVED

Steps to Get Started

  1. Learn where the bill is in the legislative process.
  2. If there is an upcoming hearing, decide how you would like to get your voice heard and take action.
  3. If there is not an upcoming hearing, or if you want to supplement your advocacy, call or write your legislators.
  4. Spread the word and get other people on board.

Participating in a Hearing

Sign in Pro, Con, or Other

This is when individuals, advocates, and organizations make their position on a particular bill known for the record. This is particularly powerful in large numbers. Many organizations will send out Action Alerts asking people to sign in Pro or Con on a bill.

Submit Written Testimony

Submitting written testimony is a great way not only to make your position known, to legislators but also to explain why in more detail. This is a good option if you don't want to speak in front of others. People also like to offer more nuance to their position by writing.

Testify Virtually 

Since COVID, many legislators are allowing remote/virtual testimony for bill hearings, as it greatly expands access to the legislative process across the state. For this, individuals usually have between 1-2 minutes to state their opinion on a bill in front of the legislative committee on Zoom. 

Testify In Person

To testify on a bill in person, you must travel to Olympia and join the real-time committee hearing on the Capitol campus. You will also get between 1-2 minutes to state your opinion. This is often a powerful way to make an impression on legislators in the room.

Using the WA Legislature Website

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