HOUSE BILL REPORT
HB 1214
As Reported by House Committee On:
Education
Title: An act relating to the provision of K-12 public school safety and security services by classified staff or contractors.
Brief Description: Providing K-12 public school safety and security services by classified staff or contractors.
Sponsors: Representatives Senn, Johnson, J., Ramos, Dolan, Lovick, Santos, Ortiz-Self, Slatter, Berg, Hackney, Callan, Valdez, Macri and Frame.
Brief History:
Committee Activity:
Education: 1/29/21, 2/12/21 [DPS].
Brief Summary of Substitute Bill
  • Creates the category of safety and security staff for kindergarten through grade 12 public schools.
  • Provides requirements for safety and security staff agreements, data collection, and training, for educational service districts, school districts, and charter schools.
HOUSE COMMITTEE ON EDUCATION
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass.Signed by 11 members:Representatives Santos, Chair; Dolan, Vice Chair; Ybarra, Ranking Minority Member; Berg, Bergquist, Callan, McCaslin, Ortiz-Self, Rude, Steele and Stonier.
Minority Report: Without recommendation.Signed by 2 members:Representatives Walsh, Assistant Ranking Minority Member; McEntire.
Staff: Megan Wargacki (786-7194).
Background:

School Resource Officer.  A school resource officer (SRO) is statutorily defined as a commissioned law enforcement officer who works in community-oriented policing and has the authority to make arrests.  An SRO is assigned by the employing police department or sheriff's office to work in schools to address crime and disorder problems, gangs, and drug activities affecting or occurring in or around schools.  The SROs have a mandated focus on keeping students out of the criminal justice system when possible.  The SROs may not be used to attempt to impose criminal sanctions in matters that are more appropriately handled within the educational system.
 
School Resource Officer Program Requirements.  Beginning in the 2020-21 school year, if a school district chooses to have an SRO program, the school district must confirm that every SRO has received training on 12 mandated topics, for example, federal and state laws, best practices on working with youth, de-escalation techniques, and alternatives to arrest and prosecution.  School districts must annually review and adopt an agreement with the local law enforcement agency that incorporates specified elements, such as defining the duties of an SRO, confirmation that the SROs are trained, and a complaint process.  Subject to state funding, the State School Safety Center must identify and make publicly available SRO training materials.  The Office of the Superintendent of Public Instruction must establish and implement, subject to state funding, a grant program to fund training for the SROs.

 

Security Guard License Requirements.  The Department of Licensing licenses security guards and security companies.  A licensed security guard is an individual that is principally employed as a security officer or guard.  A licensed security company is a person or entity licensed to provide the services of security guards.  All security guards must complete at least eight hours of preassignment training and at least eight hours of initial post assignment training.  Once these two components are completed, security guards must complete at least four hours of annual refresher training each year.  Private security companies must maintain records regarding these training hours completed by each security guard.


Educational Service Districts.  Washington has nine regionally-based educational service districts (ESDs) that provide cooperative and informational services to local school districts.  The ESDs have been tasked with providing teachers' institutes, workshops for staff preparation, in-service training, and other trainings on a variety of topics, including school safety.

Summary of Substitute Bill:

New requirements are placed on educational service districts (ESDs), school districts, and charter schools related to safety and security staff.  Safety and security staff refers to school resource officers (SROs), school security officers, campus security officers, and any other commissioned or noncommissioned employee or contractors, whose primary job duty is to provide safety or security services for a public school.

Policy and Procedure Requirements.  At the beginning of the 2021-22 school year, school districts with safety and security staff working on school property when students are expected to be present, must adopt and periodically update a policy and procedure concerning safety and security staff.  The required elements of the policy and procedure consist of certain existing SRO agreement requirements that are extended to the policy and procedure, for example:  (1) a clear statement regarding safety and security staff duties and responsibilities; (2) the recognition that trained safety and security staff know when to informally interact with students; and (3) the description of the complaint process related to safety and security staff.
 
The adopted policy and procedure must also include:  (1) an explanation of how safety and security staff will engage in creating a positive school climate and positive relationships with students; (2) the inclusion of a description of the complaint process for companies that provides safety and security staff on contract; and (3) prescribed communication methods with students and students' families about the role and responsibilities of safety and security staff at the beginning of the school year. 
 
Agreement Requirements.  School districts and charter schools must also establish, when applicable, an annual agreement with a law enforcement agency or security guard company, that contains:

  • a jointly determined hiring and placement process, and performance evaluation process for safety and security staff;
  • the confirmation that safety and security staff have been issued a certificate of completion or the description of a plan to provide safety and security staff the necessary training series; and
  • the involvement of parents, students, and community members in this agreement review and adoption.


Training Requirements.  Before safety and security staff may work on school property when students are expected to be present, school districts, charter schools, and any contractors, must either:

  • confirm that the safety and security staff were issued a certificate of completion; or
  • require the safety and security staff to complete the required training series.

 
The safety and security staff training program must be jointly developed by the ESDs, however a training program may be administered by one or more ESD.  These training series components require:

  • all school safety and security staff complete classroom training on 13-mandated subjects within the first six months of working on school property when students are expected to be present.  The ESDs must, identify or develop classroom training on the 13-mandated subjects.  These subjects consist of the existing 12-mandated topics previously required for SRO training, along with the addition of the topic of "restorative justice principles and practices."  The ESDs must provide, or arrange for the delivery of, classroom training on these 13-mandated subjects.  The training should be self-supporting and may be provided on a fee-for-service basis.  At a minimum, classroom trainings on each subject must be provided annually, remotely, synchronously or asynchronously and by at least one ESD;
  • all school safety and security staff complete two days of on-the-job training with experienced safety and security staff, at the school of the experienced staff, within the first year of working on school property during the school day; and
  • safety and security staff who are not the SROs must complete at least six check-in trainings with experienced staff within the first year of working on school property during the school day.  The ESDs must develop on-the-job training and check-in training guidelines that include specified topics.

 

The ESDs should engage with the State School Safety Center and the School Safety and Student Well-Being Advisory Committee in the development of the school safety and security staff training program.

 

School safety and security staff who complete the training series components, and staff with significant prior training and experience may apply for a certificate of completion issued by the ESD.  Before issuing a certificate of completion, the completion of each component of the training series must be verified by the ESD.  However, in the case of safety and security staff with significant prior training and experience, the training series may be waived.

 

Licensed security guards that have completed safety and security staff classroom training hours may apply these hours to meet either their initial postassignment training requirement or their annual refresher training requirement.

 

Data Collection Requirements.  School districts and charter schools must annually collect certain information on safety and security staff, for example:  (1) the total number of safety and security staff working in each building; (2) a description of each incident where safety and security staff were involved that resulted in student discipline, use of force against a student, or a student arrest; (3) and the number of complaints filed against safety and security staff.

 

School districts and charter schools must annually submit the collected information and any safety and security agreements adopted at the time and in the manner required by the Office of the Superintendent of Public Instruction (OSPI).  The OSPI must make the agreements and information publicly available.

Substitute Bill Compared to Original Bill:

The substitute bill makes the following changes:

  1. modifies the timing of when numerous provisions are applicable to safety and security staff who work on school property, from "during the school day" to "when students are expected to be present;"
  2. allows safety and security staff to complete classroom training within the first six months of working, rather than requiring this training to be completed before beginning work;
  3. removes the requirement that the educational service districts collaborate with the Criminal Justice Training Commission to identify or develop classroom training;
  4. removes provisions making safety and security staff agreements, data collection, and training requirements applicable to state-tribal compact schools;
  5. adds a requirement for school districts and charter schools to adopt a policy and procedure, making the policy and procedure required elements match the previous agreement requirements.
  6. provides that safety and security staff agreement requirements only apply to school districts and charter schools that engage with law enforcement agencies or security guard companies.  These agreements no longer apply to safety and security staff employees;
  7. allows security guards that participate in safety and security staff classroom training to apply classroom training hours to meet security guard licensure requirements; and
  8. changes the data collection requirements concerning safety and security staff, by:
    • requiring a description of incidents that resulted in student discipline, rather than incidents that resulted in escalated involvement with a student;
    • specifying that, for all incident descriptions, information must be collected on whether each student involved has a 504 plan;
    • requiring the Office of the Superintendent of Public Instruction to publish student demographic data in a disaggregated manner; and
    • specifying that the information collected on complaints filed against safety and security staff be related to job duties or student interactions.
Appropriation: None.
Fiscal Note: Available.  New fiscal note requested on February 12, 2021.
Effective Date of Substitute Bill: The bill takes effect 90 days after adjournment of the session in which the bill is passed.
Staff Summary of Public Testimony:

(In support) Youth have expressed they do not feel safe with school resource officers (SROs) present in their school.  There is a lack of communication regarding the purpose, role, and responsibilities of SROs in schools.  There is inconsistent and opaque data available regarding SROs.  This bill satisfies the need to include other safety and security staff within the SRO training requirements.  This bill will build skills and knowledge of safety and security staff, with the goal of reducing detrimental interactions with students of color.  The educational service districts are committed to development and implementation of the training series with the goal of creating a safe space for students at school.

 

Critiques of the bill include:  (1) despite support of the bill's policy, ultimately schools should not employ safety and security staff in schools, and instead employ social workers, psychologists, counselors, psychologists, and school nurses; and (2) the expansion of the definition of safety and security staff may increase costs to schools and it is necessary to secure funds for effective implementation.

 

Suggestions for changes to the bill include:  (1) the clarification of the definition of "escalated involvement;" (2) the inclusion of safety and security staff after-hours activities; (3) the inclusion of references to other relevant statutory training requirements for safety and security staff; (4) the disaggregation of data on the basis of race; (5) the addition of language on the policies and procedures of how the school districts will implement the bill and interact with school communities; and (6) the inclusion of more concrete language and relevant examples of racism, and more focus on training on racism, institutional racism, and how it affects student outcomes.

 

(Opposed) None.
 
(Other) The data collected should be disaggregated on the basis of disability and race.  The SRO trainings may not actually prevent school-based arrests, criminalization, or other challenges with students in schools.

Persons Testifying: (In support) Representative Senn, prime sponsor; Ivan Duran, Bellevue School District; Camille Goldy, Office of the Superintendent of Public Instruction; Aaron Fletcher, Association of Washington School Principals; Nancy Chamberlain, Washington State PTA; Lucinda Young, Washington Education Association; Drayton Jackson and Brian Giannini-Upton, Washington State School Directors' Association; and Jessica Vavrus, Association of Educational Service Districts.
(Other) Andrea Kadlec, Disability Rights Washington; Karen Davy, King County Sheriff's Office; and Michael Transue, Pierce County Security Services.
Persons Signed In To Testify But Not Testifying: None.