Z-0752

AN ACT Relating to certification of personnel employed in the common schools; adding new sections to chapter 28A.410 RCW; adding a new section to chapter 42.17 RCW; creating a new section; prescribing penalties; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature intends to ensure that fair and effective enforcement of laws governing certification of personnel employed in the common schools of this state is not adversely affected by the Washington supreme court decision in Brouillet v. Cowles Publishing Co., 114 Wash. 2d 788 (1990). The intent of this legislation is to clarify that the term "law enforcement" as used in RCW 42.17.310(1)(d) is intended to include within its definition the activities of state agencies vested with the responsibility of disciplining members of any profession, specifically the enforcement of rules of the state board of education determining eligibility for and certification of personnel employed in the common schools by the superintendent of public instruction in accordance with chapter 28A.410 RCW.

NEW SECTION. Sec. 2. A new section is added to chapter 28A.410 RCW to read as follows:

(1) The contents of any investigative file compiled by the superintendent of public instruction for the purpose of enforcing rules under RCW 28A.410.010 or 28A.410.090 shall be confidential and exempt from public disclosure under chapter 42.17 RCW, except that it may be reviewed by (a) the certificate holder involved or his or her counsel or authorized representative, after the initiation of disciplinary proceedings, in a manner consistent with the civil rules of discovery for the superior courts of the state of Washington; or (b) by the superintendent or his or her representative or designee.

(2) All notices, proposed orders, final orders, and other matters of record in such proceedings shall be subject to disclosure under chapter 42.17 RCW. Following final disposition, the contents of investigative files in subsection (1) of this section shall be subject to disclosure with the exception of records that would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts or information that might facilitate identification of complaining victims or witnesses.

NEW SECTION. Sec. 3. A new section is added to chapter 28A.410 RCW to read as follows:

(1) The superintendent of public instruction may initiate and conduct investigations as may be reasonably necessary to establish the existence of any alleged violations of or noncompliance with this chapter or any rules issued under it. For the purpose of any investigation or proceeding under this chapter, the superintendent or any officer designated by him or her may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records that the superintendent deems relevant and material to the inquiry.

(2) If any person fails to obey a subpoena or obeys a subpoena but refuses to give evidence, any court of competent jurisdiction, upon application by the superintendent, may issue to that person an order requiring him or her to appear before the court and to show cause why he or she should not be compelled to obey the subpoena, and give evidence material to the matter under investigation. The failure to obey an order of the court may be punishable as contempt.

NEW SECTION. Sec. 4. A new section is added to chapter 42.17 RCW to read as follows:

This chapter shall not apply to investigative files compiled by the superintendent of public instruction as provided for in sections 2 and 3 of this act.

NEW SECTION. Sec. 5. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 6. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.