1299-S

AN ACT Relating to student safety and discipline; amending RCW 9.41.280, 28A.225.210, 28A.225.215, 28A.225.225, 28A.175.090, and 28A.635.060; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 9.41.280 and 1989 c 219 s 1 are each amended to read as follows:

(1) It is unlawful for ((~~an elementary or secondary school student under the age of twenty-one knowingly~~)) a person to carry onto public or private elementary or secondary school premises:

(a) Any firearm; or

(b) Any dangerous weapon as defined in RCW 9.41.250; or

(c) Any device commonly known as "nun-chu-ka sticks", consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means; or

(d) Any device, commonly known as "throwing stars", which are multi-pointed, metal objects designed to embed upon impact from any aspect; or

(e) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas.

(2) Any such ((~~student~~)) person violating subsection (1) of this section is guilty of a gross misdemeanor.

Any violation of subsection (1) of this section by elementary or secondary school students constitutes grounds for expulsion.

(3) Subsection (1) of this section does not apply to:

(a) Any student or employee of a private military academy; or

(b) Any ((~~student~~)) person engaged in military, law enforcement, or school district security activities((~~, sponsored by the federal or state governments while engaged in official duties~~)); or

(c) Any ((~~student~~)) person who is ((~~attending~~)) involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed; or

(d) Any ((~~student~~)) person who possesses nun-chu-ka sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises; ((or))

(e) Any ((~~student~~)) person while the ((~~student~~)) person is participating in a firearms or air gun competition approved by the school or school district;

(f) A person licensed under RCW 9.41.070, while picking up or dropping off a student; or

(g) A person legally in possession of a firearm or other dangerous weapon that is secured within an attended vehicle or concealed from view within a locked, unattended vehicle, while picking up or dropping off a student.

Sec. 2. RCW 28A.225.210 and 1990 c 33 s 235 are each amended to read as follows:

Every school district shall admit on a tuition free basis all persons of school age who reside within this state, and do not reside within another school district carrying the grades for which they are eligible to enroll: PROVIDED, That nothing in this section shall be construed as affecting RCW 28A.225.220 or 28A.225.250. Nothing in this section requires a school district to admit any person currently subject to an expulsion or long-term suspension for a violation of RCW 9.41.280 in another school district.

Sec. 3. RCW 28A.225.215 and 1989 c 118 s 1 are each amended to read as follows:

(1) A school district shall not require proof of residency or any other information regarding an address for any child who is eligible by reason of age for the services of the school district if the child does not have a legal residence.

(2) A school district shall enroll a child without a legal residence under subsection (1) of this section at the request of the child or parent or guardian of the child. Nothing in this section requires a school district to admit any person currently subject to an expulsion or long-term suspension for a violation of RCW 9.41.280 in another school district.

Sec. 4. RCW 28A.225.225 and 1990 1st ex.s. c 9 s 203 are each amended to read as follows:

(1) All districts accepting applications from nonresident students for admission to the district's schools shall consider equally all applications received. Nothing in this section requires a school district to admit any person currently subject to an expulsion or long-term suspension for a violation of RCW 9.41.280 in another school district. Each school district shall adopt a policy establishing rational, fair, and equitable standards for acceptance and rejection of applications by June 30, 1990.

(2) The district shall provide to applicants written notification of the approval or denial of the application in a timely manner. If the application is rejected, the notification shall include the reason or reasons for denial and the right to appeal under RCW 28A.225.230(3).

Sec. 5. RCW 28A.175.090 and 1989 c 233 s 8 are each amended to read as follows:

(1) Beginning with the 1989‑1990 school year and concluding at the end of the 1993‑1994 school year, any student who has dropped out of high school for six weeks or longer, or has returned from participation in a substance abuse treatment program, or is about to become or is a teen parent, or has returned from hospitalization due to a mental health problem may choose to attend any other high school in the state regardless of residence. Students may attend high school in a nonresident school district only if they are accepted by the high school and pursuant to policies and procedures of the nonresident school district. Nothing in this section requires a school district to admit any person currently subject to an expulsion or long-term suspension for a violation of RCW 9.41.280 in another school district. Receiving school districts may not charge nonresident students tuition. Schools and districts are encouraged to accept students who choose to transfer if they meet these conditions. Basic education funding allocations from the state shall follow the students.

(2) The superintendent of public instruction shall report to the legislature and the governor by December 1, 1994, on the student enrollment patterns pursuant to the provisions of this section.

(3) This section shall expire December 31, 1994.

Sec. 6. RCW 28A.635.060 and 1989 c 269 s 6 are each amended to read as follows:

(1) Any pupil who shall deface or otherwise injure any school property, shall be liable to suspension and punishment. Any school district whose property has been lost or willfully cut, defaced, or injured, may withhold the grades, diploma, and transcripts of the pupil responsible for the damage or loss until the pupil or the pupil's parent or guardian has paid for the damages, unless the student is transferring to another elementary or secondary educational institution, in which case the student's permanent record shall be released promptly to the receiving school. When the pupil and parent or guardian are unable to pay for the damages, the school district shall provide a program of voluntary work for the pupil in lieu of the payment of monetary damages. Upon completion of voluntary work the grades, diploma, and transcripts of the pupil shall be released. The parent or guardian of such pupil shall be liable for damages as otherwise provided by law.

(2) Before any penalties are assessed under this section, a school district board of directors shall adopt procedures which insure that pupils' rights to due process are protected.

(3) If the department of social and health services or a child-placing agency licensed by the department has been granted custody of a child, that child's records, if requested by the department or agency, are not to be withheld for nonpayment of school fees or any other reason.