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 firstname.lastname@example.org, 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
of Public Instruction
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
[Statutory Authority: RCW 46.61.385. 91-15-016, § 392-151-003, filed 7/10/91, effective 8/10/91.]
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.]
[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.]
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:
Establish reasonable rules and regulations))
Policies and procedures regarding the supervision and control
of the school patrols.
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
(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
(a) The selection of supervisors and patrol members, equipment and schedules.
The selection of student and adult members of the
(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.]
[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.]
(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.]
(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.]
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.]
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.]
(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.]
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
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.]
The following sections of the Washington Administrative Code are repealed:
|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 392-151-100||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.|