BP BHEAD INT S

AN ACT Relating to racial equality in school districts; and adding a new chapter to Title 28A RCW.

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

NEW SECTION. Sec. 1. Discrimination exists in the educational opportunities afforded to students based on race, color, and national origin at all levels of the public school in Washington state. This inequality is a breach of Article XXXI, section 1, Amendment 61, of the Washington state Constitution, which requires equal treatment of all citizens regardless of race, color, or national origin. This violation of rights has had a deleterious effect on the individuals affected and on society.

Recognizing the benefit to our state and nation of equal educational opportunities for all students, it is the intent of this act to strengthen state law to prohibit discrimination on the basis of race, color, or national origin for any student in grades K-12 of the Washington public schools.

NEW SECTION. Sec. 2. The superintendent of public instruction shall develop rules and guidelines to eliminate race, color, or national origin discrimination as it applies to public school employment, counseling and guidance services to students, access to course offerings, textbooks and instructional materials used by students, and racial harassment policy.

(1) Counseling and guidance services for students must be made available to all students equally. All certificated personnel shall be required to stress access to all career and vocational opportunities to students without regard to race, color, or national origin.

(2) The superintendent of public instruction shall develop an equity self-evaluation survey to distribute every three years to each local school district in the state to determine equitable placement and opportunity.

(3) All classes must be available to all students without regard to race, color, or national origin.

(4) Textbooks and instructional materials, which include, but are limited to, reference books and audio-visual materials, must adhere to the guidelines developed by the superintendent of public instruction to implement the intent of this chapter. This subsection shall not be construed to prohibit the introduction of material deemed appropriate by the instructor for educational purposes.

(5)(a) By December 31, 1995, the superintendent of public instruction shall develop criteria for use by school districts in developing racial harassment policies. The criteria must address the subjects of grievance procedures, remedies to victims of racial harassment, disciplinary actions against violators of the policy, and other subjects at the discretion of the superintendent of public instruction. Disciplinary actions must conform with collective bargaining agreements and state and federal laws. The superintendent of public instruction shall supply sample policies to school districts upon request.

(b) By June 30, 1996, every school district shall adopt and implement a written policy concerning racial harassment. The policy shall apply to all school district employees, volunteers, parents, and students, including, but not limited to, conduct between students.

(c) School district policies on racial harassment shall be reviewed by the superintendent of public instruction considering the criteria established under (a) of this subsection as part of the monitoring process.

(d) The school district's racial harassment policy must be conspicuously posted throughout each school building and provided to each employee. A copy of the policy must appear in any publication of the school or school district setting forth the rules, regulations, procedures, and standards of conduct for the school or school district.

(e) Each school shall develop a process for discussing the district's racial harassment policy. The process must ensure the discussion addresses the definition of racial harassment and issues covered in the racial harassment policy.

(6) "Racial harassment" as used in this section means an agent or employee, acting within the scope of his or her official duties, has treated a student differently on the basis of race, color, or national origin in the context of an educational program or activity without a legitimate, nondiscriminatory reason so as to interfere with or limit the ability of the student to participate in or benefit from the services, activities, or privileges provided by the school or school district.

NEW SECTION. Sec. 3. The office of the superintendent of public instruction shall monitor the compliance by local school districts with this chapter, shall establish a compliance timetable and rules for enforcement of this chapter, and shall establish guidelines for affirmative action programs to be adopted by all school districts.

NEW SECTION. Sec. 4. Any person aggrieved by a violation of this chapter or aggrieved by the violation of any rules or guidance adopted under this chapter shall have a right of action in superior court for civil damages and such equitable relief as the court shall determine.

NEW SECTION. Sec. 5. The superintendent of public instruction shall have the power to enforce and obtain compliance with the provisions of this chapter and the rules and guidelines adopted under this chapter by appropriate order made pursuant to chapter 34.05 RCW. The order, by way of illustration, may include the termination of all or part of state apportionment or categorical moneys to the offending school district, the termination of specified programs in which violations may be flagrant within the offending school district, the institution of a mandatory affirmative action program within the offending school district, and the placement of the offending school district on probation with appropriate sanctions until compliance is achieved.

NEW SECTION. Sec. 6. This chapter shall be supplementary to, and shall not supersede, existing law and procedures and future amendments thereto relating to unlawful discrimination based on race, color, or national origin.

NEW SECTION. Sec. 7. Sections 1 through 6 of this act shall constitute a new chapter in Title 28A RCW.