WSR 11-21-045

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed October 12, 2011, 11:10 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-10-018.

Title of Rule and Other Identifying Information: Chapter 392-151 WAC, School safety patrol.

Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Brouillet Conference Room, 600 South Washington Street, Olympia, WA 98504-7200, on December 6, 2011, at 10:30 a.m.

Date of Intended Adoption: December 9, 2011.

Submit Written Comments to: Allan J. Jones, OSPI, Student Transportation, P.O. Box 47200, Olympia, WA 98504-7200, e-mail allan.jones@k12.wa.us, fax (360) 586-6124, by December 2, 2011.

Assistance for Persons with Disabilities: Contact Wanda Griffin by December 2, 2011, TTY (360) 664-3631 or (360) 725-6132.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These revisions will update the regulations to the current standards. In addition, some technical and grammatical corrections were made.

Statutory Authority for Adoption: RCW 46.61.385.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: [OSPI], governmental.

Name of Agency Personnel Responsible for Drafting: Catherine Slagle, OSPI, (360) 725-6136; Implementation: Shawn Lewis, OSPI, (360) 725-6292; and Enforcement: Allan J. Jones, OSPI, (360) 725-6123.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

A cost-benefit analysis is not required under RCW 34.05.328.

October 12, 2011

Randy Dorn

State Superintendent

of Public Instruction

OTS-4346.1


AMENDATORY SECTION(Amending WSR 91-15-016, filed 7/10/91, effective 8/10/91)

WAC 392-151-003   Authority and purpose.   The authority for this chapter is RCW 46.61.385 which authorizes the appointment and operation of school patrols by any public or private school subject to the conditions, procedures, and considerations required by ((this chapter)) the superintendent of public instruction and ((such supplemental conditions, procedures, and considerations as any such school may impose which are in the best interest of student safety)) RCW 28A.160.160(5), which requires walking routes for elementary schools.

[Statutory Authority: RCW 46.61.385. 91-15-016, 392-151-003, filed 7/10/91, effective 8/10/91.]


AMENDATORY SECTION(Amending WSR 91-15-016, filed 7/10/91, effective 8/10/91)

WAC 392-151-010   Function of a school patrol.   The ((purpose and)) function of a school patrol ((are)) is to assist and aid members of the student body in the safe and proper crossing of streets, highways, and roads adjacent to the school ((and other crossing areas approved by the local safety advisory committee)).

Student school patrol members assigned to work at a location with an adult school patrol member shall assist and act at the direction of such adult member of the patrol. A school patrol is to look for and utilize natural gaps in traffic as much as possible when allowing students to cross a street, highway, or road.

[Statutory Authority: RCW 46.61.385. 91-15-016, 392-151-010, filed 7/10/91, effective 8/10/91; Order 7-75, 392-151-010, filed 12/22/75. Formerly WAC 392-24-205.]


AMENDATORY SECTION(Amending WSR 91-15-016, filed 7/10/91, effective 8/10/91)

WAC 392-151-015   Administration and support.   The superintendent or chief administrative officer of the school district shall ((assume the leadership and)) be ultimately responsible for determining school patrol policy and operations. ((The principal of each school shall provide leadership in developing good relationships among teachers, student body, and members of the school patrol in matters of selecting, instructing, and giving immediate supervision to school patrol members and carrying out administrative details.)) Administration of the actual operation of a school patrol may be delegated to a school employee or a safety committee. ((The approval, understanding, support, and encouragement of school administrators, local traffic control agencies, teachers, parents, and students is essential in providing an effective school safety patrol.))

[Statutory Authority: RCW 46.61.385. 91-15-016, 392-151-015, filed 7/10/91, effective 8/10/91; 80-09-015 (Order 80-22), 392-151-015, filed 7/9/80; Order 7-75, 392-151-015, filed 12/22/75. Formerly WAC 392-24-210.]


AMENDATORY SECTION(Amending WSR 91-15-016, filed 7/10/91, effective 8/10/91)

WAC 392-151-020   Liability.   ((The fear of potential liability for injuries sustained by pupils, employees, or patrols is present in the minds of school board members and school administrators. Both a school district and its individual employees or agents are potentially liable for damages sustained by students or others as the result of negligence. Examples of actions or inactions possibly giving rise to an award of damages by a court include: The failure to properly supervise students while they are in the custody of school employees or agents; the failure to properly instruct students in the procedures necessary to safeguard themselves while participating in school activities which may otherwise cause them injury; the failure to select and assign competent employees or agents to safeguard students where necessary; and, in general, the failure to take reasonable precautions to safeguard students in the custody of the school against foreseeable dangers.

The following suggested procedures may assist schools and employees or agents reduce the potential liability in connection with the operation of a school patrol:)) Any school district operating a school patrol shall adopt policies and procedures to reduce the potential liability and ensure student safety, including:

(1) ((Establish reasonable rules and regulations)) Policies and procedures regarding the supervision and control of the school patrols.

(2) ((Establish a policy which limits the selection of student patrol members to students who are preferably ages ten or older and who possess appropriate physical and mental abilities.

(3) Establish a policy which authorizes any parent to have his or her child excluded from service on the safety patrol.

(4) Establish a policy which requires school boards to provide)) Providing insurance for members of the school patrol and for all supervisory officials involved in the program.

(((5) Establish a policy which sets forth specific physical and other)) (3) Establishing criteria for selecting school patrol members and providing adequate training.

In addition, schools should periodically conduct a complete review of the entire school patrol program, including ((the following)):

(a) The selection of supervisors and patrol members, equipment and schedules.

(b) ((The selection of student and adult members of the patrol

(c) The training of both supervisors and patrol members

(d) The determination of the streets which are to be used and those which are not to be used

(e) The equipment needed

(f) The time schedule when the patrol will be on duty

(g) The)) Special precautions ((to)) should be ((observed)) developed for patrol duty in inclement weather and during hours of semidarkness.

[Statutory Authority: RCW 46.61.385. 91-15-016, 392-151-020, filed 7/10/91, effective 8/10/91; Order 7-75, 392-151-020, filed 12/22/75. Formerly WAC 392-24-215.]


AMENDATORY SECTION(Amending Order 96-17, filed 11/1/96, effective 12/2/96)

WAC 392-151-025   Route plans.   Suggested route plans shall be developed for each elementary school that has students who walk to and from school. It shall recommend ((school)) walking routes based on considerations of traffic patterns, existing traffic controls, and other crossing protection aids such as school patrols. These route plans shall limit the number of school crossings so that students move through the crossings in groups, allowing only one entrance-exit from each block to and from school. ((The)) Information about the walking route ((to school)) plan shall be distributed to all students ((with instructions that it be taken home and discussed with the parents)).

[Statutory Authority: RCW 46.61.385. 96-22-057 (Order 96-17), 392-151-025, filed 11/1/96, effective 12/2/96; Order 7-75, 392-151-025, filed 12/22/75. Formerly WAC 392-24-220.]


AMENDATORY SECTION(Amending Order 96-17, filed 11/1/96, effective 12/2/96)

WAC 392-151-030   Controlled crossings.   (("School patrol controlled" crosswalks are defined as any crosswalk which is attended by a student or adult guard, and which is not controlled by a traffic signal or stop sign.)) School patrol controlled crossings shall not be operated unless proper traffic control devices are in place ((as depicted in)) that meet the standards determined by the Washington state department of transportation((, Sign Fabrication Manual and Manual on Uniform Traffic Control Devices, as now or hereafter amended. As a minimum, these shall consist of:

(1) School crossing warning signs S1-1 and S2-1

(2) Marked crosswalks

(3) School speed limit sign

"School patrol assisted" crosswalks are defined as any crosswalk which is attended by a student or adult crossing guard and controlled by a stop sign, traffic signal or law enforcement officer. When crossings are controlled by stop signs, the S2-1 may be omitted. When crossings are controlled by a traffic signal or by a stop sign, the use of the school speed limit sign may be necessary following an engineering study.

Contact shall be made by school authorities with the governmental agency having jurisdiction over the street or highway in question in order to secure the necessary signs. The state department of transportation shall be contacted concerning all state highways outside of incorporated towns and cities and on those state highways within the incorporated limits of towns and cities with a population of 22,500 or less. On state highways within the incorporated limits of cities with a population of 22,500 or more, the city public works department shall be contacted.

The county highway department shall be contacted regarding all county roads. On city and town streets, which are not state highways, within the incorporated limits of cities and towns, the city or town street or public works department shall be contacted.

When school officials and/or the safety advisory committee determines that vehicular traffic volumes are such that adequate safe gaps in the traffic flow do not occur in reasonable frequent intervals to allow safe crossings by students, this condition, as well as any other related traffic issues, shall be evaluated cooperatively with the traffic engineering authorities having jurisdiction in order that necessary studies can be conducted for the purpose of developing possible alternative measures.))

Where conditions are such that a patrol member cannot be seen at least as far away as the safe stopping distance for the legal speed at the location, one of the following procedures shall be carried out:

(1) Select a safer location for the crossing at which the patrol is to serve.

(2) Cooperatively evaluate the condition with traffic authorities having jurisdiction for the purpose of developing possible alternative measures.

[Statutory Authority: RCW 46.61.385. 96-22-057 (Order 96-17), 392-151-030, filed 11/1/96, effective 12/2/96; Order 7-75, 392-151-030, filed 12/22/75. Formerly WAC 392-24-240.]


AMENDATORY SECTION(Amending WSR 91-15-016, filed 7/10/91, effective 8/10/91)

WAC 392-151-055   Utilization of adult patrol members.   Schools ((possess the authority to)) may appoint adults as members of a school patrol((. The following criteria may be used to determine at which locations adult patrol members shall be stationed:

(1) When there is a lack of adequate gaps due to a high volume of traffic.

(2) When 85 percent of the traffic speed exceeds the speed limit by 5 miles an hour.

(3) When there is a restricted sight distance.

(4) When the location or distance from the school building is such that poor supervision of students would otherwise result.

(5) When there is a high volume of turning traffic over a crosswalk.

(6) When the location has been determined by either school or law enforcement authorities to be beyond the capability of a student to make rational decisions concerning safety.

(7) When there is an excessive volume of pedestrian traffic over a highway.

(8) When any of the above criteria exists and there is a lack of an alternate school route plan)); however, such adults are subject to all the background checks and other requirements of volunteers in the school.

[Statutory Authority: RCW 46.61.385. 91-15-016, 392-151-055, filed 7/10/91, effective 8/10/91; Order 7-75, 392-151-055, filed 12/22/75. Formerly WAC 392-24-225 and 392-24-230.]


AMENDATORY SECTION(Amending Order 7-75, filed 12/22/75)

WAC 392-151-075   Hours on duty.   ((The hours that patrol members are on duty shall be determined by the needs of the school area from an accident prevention standpoint and the time schedule of the school being served. The schedule of each student patrol member shall be so planned as to make it unnecessary for the student to miss regular school work for lengthy periods.)) Parents or guardians shall be informed of the amount of time students are scheduled to serve on patrols and how much class time may be missed due to patrol duty.

((When a patrol member has been assigned to a particular crossing, the member shall be on duty at all times students are normally crossing streets or highways in going to and from school. Members shall be at their posts 10 to 15 minutes before the first class in the morning and 10 to 15 minutes before school begins in the afternoon.

At dismissal times, arrangements shall be made for student patrol members to leave their classes 2 or 3 minutes before the dismissal bell. Patrol members shall remain on duty until the patrol captain or patrol supervisor gives the dismissal signal.))

[Order 7-75, 392-151-075, filed 12/22/75. Formerly WAC 392-24-265.]


AMENDATORY SECTION(Amending Order 80-22, filed 7/9/80)

WAC 392-151-090   Standard uniforms.   The standard uniform for school patrol members shall ((be)) include a badge, vest, ((and/or raincoat)) and ((shall be worn only during a patrol function. A helmet may be used as part of the standard uniform.

The helmet when used shall be fluorescent orange, white, red, or yellow. For additional visibility during hours of darkness, reflective tape may be added to the uniform.

The school patrol vest shall be fluorescent orange with reflective white bands.

The raincoat shall be fluorescent orange, red, or yellow)) flag of the type recommended by the Washington traffic safety commission for school patrol use.

[Statutory Authority: RCW 46.61.385. 80-09-015 (Order 80-22), 392-151-090, filed 7/9/80; Order 7-75, 392-151-090, filed 12/22/75. Formerly WAC 392-24-285.]


AMENDATORY SECTION(Amending WSR 91-15-016, filed 7/10/91, effective 8/10/91)

WAC 392-151-105   Instruction of patrol members.   Each school patrol member shall be thoroughly trained in his or her duties before being permitted to take assigned posts. Instruction shall include the fundamentals of patrol operation -- where and how to stand when on duty, how to handle the patrol flag, and what constitutes a sufficient gap in vehicular traffic to permit safe crossing by students. Emphasis shall be placed on special hazards and the need for constant alertness. ((Types of training which shall be given members are:

(1) On-the-job training for at least one week under the direction of an experienced patrol member or for a longer period to learn their duties.

(2) Personal instruction by the patrol supervisor, a police officer, or a designated school district safety official.

(3) Reading and understanding written instructions which the school has compiled for the specific purpose of instructing new members.))

[Statutory Authority: RCW 46.61.385. 91-15-016, 392-151-105, filed 7/10/91, effective 8/10/91; Order 7-75, 392-151-105, filed 12/22/75. Formerly WAC 392-24-300.]


AMENDATORY SECTION(Amending WSR 91-15-016, filed 7/10/91, effective 8/10/91)

WAC 392-151-135   Operation at an intersection with traffic signal.   At an intersection with a traffic signal, the light shall govern school patrol operation and the movement of students.

((When the light turns green in the direction the students are to cross, the patrol members shall be certain that all approaching cars are stopping for their red light. When the patrol members are sure that traffic does not constitute a hazard, the patrol members shall follow the basic crossing procedure.

Before the red signal comes back on, patrol members shall stop all stragglers. Patrol members shall know the length of time the green is on and be able to estimate the correct moment to stop the flow of pedestrians.

When the signal is a pedestrian-actuated light, it shall be controlled by the "sender" patrol member. The "WALK" phase of this type of light is shorter than the green phase of the regular traffic light so that small compact groups of pedestrians may be allowed to cross at one time.))

[Statutory Authority: RCW 46.61.385. 91-15-016, 392-151-135, filed 7/10/91, effective 8/10/91; Order 7-75, 392-151-135, filed 12/22/75. Formerly WAC 392-24-335.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 392-151-005 Purpose.
WAC 392-151-017 Safety advisory committee -- Selection.
WAC 392-151-035 School crossing warning and speed limit signs.
WAC 392-151-040 Organization, instruction, and supervision.
WAC 392-151-045 Duties of patrol supervisor.
WAC 392-151-050 Selection, appointment and suspension of patrol members.
WAC 392-151-060 Good character references for adult patrol members.
WAC 392-151-065 Adult patrol members -- Knowledge -- Training of students -- Introduction.
WAC 392-151-070 Size of patrol and officers needed.
WAC 392-151-080 The patrol captain.
WAC 392-151-085 General duties of patrol members.
WAC 392-151-095 Equipment.
WAC 392-151-100 Care of equipment -- Dismissal.
WAC 392-151-110 Installing school patrol members.
WAC 392-151-115 Patrol operation -- Assignment and inspection.
WAC 392-151-120 Basic crossing position and flag operation.
WAC 392-151-125 Operation with school patrol members.
WAC 392-151-130 Operation with an adult patrol member or police officer or traffic signal.
WAC 392-151-140 Violation reports and accidents.

Washington State Code Reviser's Office