H-3412.1  _______________________________________________

                          HOUSE BILL 2545

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By Representatives Springer, Mastin, Foreman, Wineberry, Karahalios, Kremen, Lemmon, Lisk, Roland, Van Luven, Sheldon, Orr, Kessler, Chandler, Brumsickle, Schoesler, Morris, Quall, Romero, Basich, Ballard, Peery, R. Meyers, Anderson, Linville, Dyer, Tate, Dorn, Brough, Johanson, Pruitt, Carlson, J. Kohl, Jones, Caver, Fuhrman, Moak, Flemming, Eide, Rayburn, Forner, Long, Mielke, Backlund and Cooke

Read first time 01/17/94.  Referred to Committee on Education.

Establishing a student-teacher-employer-parent contract for working students.

    AN ACT Relating to the student-teacher-employer-parent partnership act; amending RCW 49.12.121; and adding a new section to chapter 28A.600 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 28A.600 RCW to read as follows:

    (1)(a) Students age sixteen or older maintaining a grade point average of 2.0 or better, or the appropriate equivalent, may enter into a student-teacher-employer-parent partnership contract as specified in this section.  During the duration of the contract, the student shall not be subject to the hours of employment requirements for minors in RCW 49.12.121.  The contract must be approved and signed by the student, the student's parent or legal guardian, a representative of the student's school, and the student's employer.  The contract shall be filed with the student's school and a copy maintained on record by the student's employer.  The contract may be renewed each school quarter, as long as the student maintains eligibility.

    (b) A student-teacher-employer-parent contract shall contain provisions:

    (i) Requiring a meeting of the contracting parties at least each school quarter to evaluate at least the following:

    (A) The student's school performance.  The school representative shall evaluate and report on the student's progress, including reports on attendance, grades, and attentiveness in school.  To maintain eligibility for the contract, the student's grade point average may not decrease more than one-half grade point for more than one quarter of the school year from his or her grade point upon entering into the contract.  If the average grade point of the student falls below 2.0, the contract shall terminate; and

    (B) The student's job performance.  The employer shall evaluate and report on the basic work skills learned by the student, including work attendance and ability to follow instructions;

    (ii) Specifying the hours of employment for the student subject to the contract, but the student may not work:

    (A) During weeks of five or more school days, more than twenty-four hours per week, unless a variance has been granted under chapter 49.12 RCW permitting employment up to twenty-eight hours per week;

    (B) During weeks of fewer than five school days, more than twenty-eight hours per week, unless a variance has been granted under chapter 49.12 RCW permitting employment up to thirty-two hours per week, except that during weeks of school vacation occurring within the school year, the student is not subject to a limitation on the number of hours worked per week;

    (C) More than eight hours per day on a day preceding a school day;

    (D) On consecutive school nights, both of which precede a school day, unless working no later than 9:00 p.m.; or

    (E) Later than 11:30 p.m. on a night preceding a school day.  On nights preceding nonschool days or holidays from school, the student may work later than 11:30 p.m.;

    (iii) Requiring the student to be supervised during all working hours by a person over the age of eighteen;

    (iv) Stating the employer's obligation to comply with chapter 49.46 RCW and the working conditions requirements of chapter 49.12 RCW, including maintaining a minor work permit, not otherwise covered by the contract.

    (2) The office of the superintendent of public instruction, in consultation with the department of labor and industries, shall prepare model student-teacher-employer-parent contracts for use as guidelines by the school districts.

    Sec. 2.  RCW 49.12.121 and 1993 c 294 s 9 are each amended to read as follows:

    (1)(a) The department may at any time inquire into wages, hours, and conditions of labor of minors employed in any trade, business, or occupation in the state of Washington and may adopt special rules for the protection of the safety, health, and welfare of minor employees.  However, the rules may not limit the hours per day or per week, or other specified work period, that may be worked by minors who are emancipated by court order.

    (((2))) (b) The department shall issue work permits to employers for the employment of minors, after being assured the proposed employment of a minor meets the standards for the health, safety, and welfare of minors as set forth in the rules adopted by the department.  No minor person shall be employed in any occupation, trade, or industry subject to this 1973 amendatory act, unless a work permit has been properly issued, with the consent of the parent, guardian, or other person having legal custody of the minor and with the approval of the school which such minor may then be attending.  However, the consent of a parent, guardian, or other person, or the approval of the school which the minor may then be attending, is unnecessary if the minor is emancipated by court order.

    (((3))) (c) The rules of the department adopted under this section prescribing the hours of employment for minors may be suspended for a minor age sixteen or older during the period that the minor is subject to a student-teacher-employer-parent partnership contract as provided under section 1 of this act.

(2) The minimum wage for minors shall be as prescribed in RCW 49.46.020.

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