BP BHEAD INT S [atlas:bill]

AN ACT Relating to school safety; amending RCW 28A.635.020, 28A.600.020, 28A.635.060, and 9.41.280; reenacting and amending RCW 28A.225.330; adding a new section to chapter 9A.28 RCW; adding a new section to chapter 9A.46 RCW; adding a new section to chapter 13.04 RCW; adding a new section to chapter 13.50 RCW; adding new sections to chapter 28A.600 RCW; adding new sections to chapter 28A.320 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 finds that the children of this state have the right to an effective public education and that both students and educators have the need to be safe and secure in the classroom if learning is to occur. The legislature also finds, however, that children in many of our public schools are forced to focus on the threat and message of violence contained in many aspects of our society and reflected through and in gang violence activities on school campuses.

The legislature recognizes that the prevalence of weapons, including firearms and dangerous knives, is an increasing problem that is spreading rapidly even to elementary schools throughout the state. Gang-related apparel and regalia compound the problem by easily concealing weapons that threaten and intimidate students and school personnel. These threats have resulted in tragic and unnecessary bloodshed over the past two years and must be eradicated from the system if student and staff security is to be restored on school campuses. Many educators believe that school dress significantly influences student behavior in both positive and negative ways. Special school dress up and color days signify school spirit and provide students with a sense of unity. Schools that have adopted school uniforms report a feeling of togetherness, greater school pride, and better student behavior in and out of the classroom. This sense of unity provides students with the positive attitudes needed to avert the pressures of gang involvement.

The legislature also recognizes there are other more significant factors that impact school safety such as the pervasive use of drugs and alcohol in school. In addition to physical safety zones, schools should also be drug-free zones that expressly prohibit the sale, use, or possession of illegal drugs on school property. Students involved in drug-related activity are unable to benefit fully from educational opportunities and are disruptive to the learning environment of their fellow students. Schools must be empowered to make decisions that positively impact student learning by eradicating drug use and possession on their campuses. This flexibility should also be afforded to schools as they deal with other harmful substance abuse activities engaged in by their students.

Toward this end, the legislature recognizes the important role of the classroom teacher who must be empowered to restore discipline and safety in the classroom. Teachers must have the ability to control the conduct of students to ensure that their mission of educating students may be achieved. Disruptive behavior must not be allowed to continue to divert attention, time, and resources from educational activities.

The legislature therefore intends to define gang-related activities as criminal behavior disruptive not only to the learning environment but to society as a whole, and to provide educators with the authority to restore order and safety to the student learning environment, eliminate the influence of gang activities, and eradicate drug and substance abuse on school campuses, thus empowering educators to regain control of our classrooms and provide our students with the best educational opportunities available in our schools.

NEW SECTION. Sec. 2. A new section is added to chapter 9A.28 RCW to read as follows:

(1) A person commits the offense of criminal gang activity if the person intentionally or knowingly actively participates in a criminal gang and the person attends or is registered in a public school, attended or was registered in a public school within the previous two years, or is of compulsory school attendance age. Criminal gang activity is a class C felony.

(2) "Criminal gang" means, for purposes of this section, any company of persons who act in concert for criminal purposes or who require as a condition of initial or continuing membership the commission of a felony. "Actively participates" means that the person promotes, sponsors, assists in, or participates in, the commission of felonious activity.

NEW SECTION. Sec. 3. A new section is added to chapter 9A.46 RCW to read as follows:

A person commits the offense of criminal gang intimidation if the person threatens another person because the other person refuses to join or has attempted to withdraw from a criminal gang, as defined in section 2 of this act, if the person who threatens the victim attends or is registered in a public school, attended or was registered in a public school within the previous two years, or is of compulsory attendance age. Criminal gang intimidation is a class C felony.

Sec. 4. RCW 28A.225.330 and 1995 c 324 s 2 and 1995 c 311 s 25 are each reenacted and amended to read as follows:

(1) When enrolling a student who has attended school in another school district, the school enrolling the student may request the parent and the student to briefly indicate in writing whether or not the student has:

(a) Any history of placement in special educational programs;

(b) Any past, current, or pending disciplinary action;

(d) Any unpaid fines or fees imposed by other schools; and

(e) Any health conditions affecting the student's educational needs.

(2) The school enrolling the student shall request the school the student previously attended to send the student's permanent record including records of disciplinary action, attendance, health and immunization records, and academic performance. If the student has not paid a fine or fee under RCW 28A.635.060, the school may withhold the student's official transcript, but shall transmit information about the student's academic performance, special placement, health and immunization records, and records of disciplinary action. If the official transcript is not sent due to unpaid fees or fines, the enrolling school shall notify both the student and parent or guardian that the official transcript will not be sent until the obligation is met, and failure to have an official transcript may result in exclusion from extracurricular activities or failure to graduate.

(3) If information is requested under subsection (2) of this section, the information shall be transmitted within two school days after receiving the request and the records shall be sent as soon as possible. Any school district or district employee who releases the information in compliance with this section is immune from civil liability for damages unless it is shown that the school district employee acted with gross negligence or in bad faith. The state board of education shall provide by rule for the discipline under chapter 28A.410 RCW of a school principal or other chief administrator of a public school building who fails to make a good faith effort to assure compliance with this subsection.

(4) Any school district or district employee who releases the information in compliance with federal and state law is immune from civil liability for damages unless it is shown that the school district or district employee acted with gross negligence or in bad faith.

Sec. 5. RCW 28A.635.020 and 1981 c 36 s 1 are each amended to read as follows:

(1) It shall be unlawful for any person to willfully disobey the order of the chief administrative officer of a public school district, or of an authorized designee of any such administrator, to leave any motor vehicle, building, grounds or other property which is owned, operated or controlled by the school district if the person so ordered is under the influence of alcohol or drugs, or is committing, threatens to imminently commit or incites another to imminently commit any act which would disturb or interfere with or obstruct any lawful task, function, process or procedure of the school district or any lawful task, function, process or procedure of any student, official, employee or invitee of the school district. The order of a school officer or designee acting pursuant to this subsection shall be valid if the officer or designee reasonably believes a person ordered to leave is under the influence of alcohol or drugs, is committing acts, or is creating a disturbance as provided in this subsection.

(2) It shall be unlawful for any person to refuse to leave public property immediately adjacent to a building, grounds or property which is owned, operated or controlled by a school district when ordered to do so by a law enforcement officer if such person is engaging in conduct which creates a substantial risk of causing injury to any person, or substantial harm to property, or such conduct amounts to disorderly conduct under RCW 9A.84.030.

(3) Nothing in this section shall be construed to prohibit or penalize activity consisting of the lawful exercise of freedom of speech, freedom of press and the right to peaceably assemble and petition the government for a redress of grievances: PROVIDED, That such activity neither does or threatens imminently to materially disturb or interfere with or obstruct any lawful task, function, process or procedure of the school district, or any lawful task, function, process or procedure of any student, official, employee or invitee of the school district: PROVIDED FURTHER, That such activity is not conducted in violation of a prohibition or limitation lawfully imposed by the school district upon entry or use of any motor vehicle, building, grounds or other property which is owned, operated or controlled by the school district.

(4) Any person guilty of violating this section shall be deemed guilty of a gross misdemeanor ((~~and, upon conviction therefor, shall be fined not more than five hundred dollars, or imprisoned in jail for not more than six months or both so fined and imprisoned~~)) punishable as provided in chapter 9A.20 RCW.

NEW SECTION. Sec. 6. A new section is added to chapter 13.04 RCW to read as follows:

(1) Whenever a minor enrolled in any primary or secondary school is charged with any of the following offenses, the juvenile court administrator must notify the parents or legal guardian of the student and the principal of the student's school of the charge and disposition of the case:

(a) A violent offense as defined in RCW 9.94A.030;

(b) A sex offense as defined in RCW 9.94A.030;

(d) A controlled substances violation under chapter 69.50 RCW;

(e) A liquor violation under RCW 66.44.270;

(f) An offense of criminal gang activity under section 2 of this act.

(2) The principal must provide the information received under subsection (1) of this section to every teacher of any student who has been charged with an offense listed in subsection (1) of this section and any other personnel who, in the judgment of the principal, supervises the student or for security purposes should be aware of the student's record. The principal must provide the information to teachers and other personnel based on any written records that the principal maintains or receives from a juvenile court administrator or a law enforcement agency regarding the student.

(3) Any information received by a principal or school personnel under this section is confidential and may not be further disseminated except as provided in RCW 28A.225.330, other statutes or case law, and the family and educational and privacy rights act of 1994, 20 U.S.C. Sec. 1232g et seq.

NEW SECTION. Sec. 7. A new section is added to chapter 13.50 RCW to read as follows:

Records of a charge and disposition for a juvenile offense may be provided to schools as provided in section 6 of this act.

NEW SECTION. Sec. 8. A new section is added to chapter 28A.600 RCW to read as follows:

School district boards of directors shall adopt policies that restore discipline to the classroom. Such policies must provide for at least the following: Allowing each teacher to take disciplinary action to correct a student who disrupts normal classroom activities, abuses or insults a teacher as prohibited by RCW 28A.635.010, willfully disobeys a teacher, uses abusive or foul language directed at a teacher or another student, violates school rules, or who interferes with an orderly education process. Disciplinary action may include but is not limited to: Oral or written reprimands; written notification to parents of disruptive behavior, a copy of which must be provided to the principal; and suspension or expulsion.

NEW SECTION. Sec. 9. A new section is added to chapter 28A.600 RCW to read as follows:

(1) A teacher may suspend a student from the teacher's classroom:

(a) For the day of the suspension and the following two days when the teacher has reasonable grounds to believe the student has engaged in any of the following activities in the classroom:

(i) Inhaling toxic fumes under chapter 9.47A RCW, or a controlled substances violation under RCW 69.50.401 through 69.50.412 or 69.50.415;

(ii) A liquor violation under RCW 66.44.270;

(iii) Any violation of school rules or regulations governing student conduct that is in furtherance of a criminal gang as defined in section 2 of this act;

(iv) Possession of a knife that is not registered with the school principal as required in RCW 9.41.280;

(v) Offenses listed in chapter 9A.48 or 9A.56 RCW in regard to any school property or property of a teacher or another student; or

(vi) Possession of drug paraphernalia as described in RCW 69.50.102;

(b) Permanently from the teacher's classroom, for any activity that would constitute an offense under chapter 9A.36, 9A.40, or 9A.48 RCW, when the activity is directed toward the teacher.

(2) Suspensions from a classroom are to the custody of the principal or his or her designee.

(3) Within twenty-four hours of a suspension by a teacher under subsection (1) of this section, the teacher must report to the principal in writing a statement of the circumstances surrounding the suspension. The principal must notify the child's parents or legal guardian within twenty-four hours of the suspension and schedule a conference with the parents or legal guardian, principal, and teacher within three days. Failure of at least one of the parents or legal guardians to attend the conference shall result in extension of the student's suspension until a parent or legal guardian appears.

(4) If the student engages in activity that is prohibited under subsection (1)(a) of this section after one or more suspensions under subsection (1) of this section by the same or different teacher within the preceding three-year period, the principal must determine whether to expel the student permanently from the school or to impose a lesser period of suspension.

(5) Suspensions and expulsions under this section must be conducted in a manner that meets the student's and teacher's minimum due process rights.

(6) Nothing in this section prohibits a teacher, school principal, or superintendent from disciplining the student for other activities or more severely than as provided under this section as permitted by law and due process protection.

NEW SECTION. Sec. 10. A new section is added to chapter 28A.320 RCW to read as follows:

School district boards of directors may adopt policies that limit the possession of (1) paging telecommunication devices by students that emit audible signals, vibrate, display a message, or otherwise summons or delivers a communication to the possessor, and (2) portable or cellular telephones.

Sec. 11. RCW 28A.600.020 and 1990 c 33 s 497 are each amended to read as follows:

(1) The rules adopted pursuant to RCW 28A.600.010 shall be interpreted to insure that the optimum learning atmosphere of the classroom is maintained, and that the highest consideration is given to the judgment of qualified certificated educators regarding conditions necessary to maintain the optimum learning atmosphere.

(2) Any student who creates a disruption of the educational process in violation of the building disciplinary standards while under a teacher's immediate supervision may be excluded by the teacher from his or her individual classroom and instructional or activity area for all or any portion of the balance of the school day or until the principal or designee and teacher have conferred, whichever occurs first((~~: PROVIDED, That~~)). Except in emergency circumstances, the teacher ((~~shall have~~)) first ((~~attempted~~)) must attempt one or more alternative forms of corrective action((~~: PROVIDED FURTHER, That~~)). In no event without the consent of the teacher ((~~shall~~)) may an excluded student ((~~be returned~~)) return to the class during the balance of that class or activity period. This subsection does not apply when a teacher or principal imposes sanctions authorized under section 9 of this act.

(3) In order to preserve a beneficial learning environment for all students and to maintain good order and discipline in each classroom, every school district board of directors shall provide that written procedures are developed for administering discipline at each school within the district. Such procedures shall be developed with the participation of parents and the community, and shall provide that the teacher, principal or designee, and other authorities designated by the board of directors, make every reasonable attempt to involve the parent or guardian and the student in the resolution of student discipline problems. Such procedures shall provide that students may be excluded from their individual classes or activities for periods of time in excess of that provided in subsection (2) of this section if such students have repeatedly disrupted the learning of other students((~~: PROVIDED, That~~)). The procedures ((~~are~~)) must be consistent with the ((~~regulations~~)) rules of the state board of education and must provide for early involvement of parents in attempts to improve the student's behavior((~~: PROVIDED FURTHER, That pursuant to RCW 28A.400.110,~~)).

(4) The procedures shall assure, pursuant to RCW 28A.400.110, that all staff work cooperatively toward consistent enforcement of proper student behavior throughout each school as well as within each classroom. School principals and certificated employees shall also confer annually, as provided in RCW 28A.400.110, to establish criteria for determining when certificated employees must complete classes to improve classroom management skills.

Sec. 12. RCW 28A.635.060 and 1994 c 304 s 1 are each amended to read as follows:

(1) Any pupil who ((~~shall~~)) defaces or otherwise injures any school property, ((~~shall be liable~~)) or property belonging to a school contractor, employee, or another student, is subject to suspension and punishment. If any property of the school district ((~~whose property~~)), a contractor of the district, an employee, or another student has been lost or willfully cut, defaced, or injured, the school district may withhold the grades, diploma, and transcripts of the pupil responsible for the damage or loss until the pupil or the pupil's parent or guardian has paid for the damages. If the student is suspended, the student may not be readmitted until the student or parents or legal guardian has made payment in full or until directed by the superintendent of schools. If the property damaged is a school bus owned and operated by or contracted to any school district, a student suspended for the damage may not be permitted to enter or ride any school bus until the student or parent or legal guardian has made payment in full or until directed by the superintendent. When the pupil and parent or guardian are unable to pay for the damages, the school district shall provide a program of voluntary work for the pupil in lieu of the payment of monetary damages. Upon completion of voluntary work the grades, diploma, and transcripts of the pupil shall be released. The parent or guardian of such pupil shall be liable for damages as otherwise provided by law.

(2) Before any penalties are assessed under this section, a school district board of directors shall adopt procedures which insure that pupils' rights to due process are protected.

(3) If the department of social and health services or a child-placing agency licensed by the department has been granted custody of a child, that child's records, if requested by the department or agency, are not to be withheld for nonpayment of school fees or any other reason.

Sec. 13. RCW 9.41.280 and 1996 c 295 s 13 are each amended to read as follows:

(1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:

(a) Any firearm;

(b) Any other dangerous weapon as defined in RCW 9.41.250;

(c) Any device commonly known as "nun-chu-ka sticks", consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means;

(d) Any device, commonly known as "throwing stars", which are multi-pointed, metal objects designed to embed upon impact from any aspect; ((or))

(e) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas; or

(f) Any knife capable of being used to inflict serious bodily injury.

(2) Any such person violating subsection (1) of this section is guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1)(a) of this section, the person shall have his or her concealed pistol license, if any revoked for a period of three years. Anyone convicted under this subsection is prohibited from applying for a concealed pistol license for a period of three years. The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.

Any violation of subsection (1) of this section by elementary or secondary school students constitutes grounds for expulsion from the state's public schools in accordance with RCW 28A.600.010. An appropriate school authority shall promptly notify law enforcement and the student's parent or guardian regarding any allegation or indication of such violation.

(3) Subsection (1) of this section does not apply to:

(a) Any student or employee of a private military academy when on the property of the academy;

(b) Any person engaged in military, law enforcement, or school district security activities;

(c) Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed;

(d) Any person while the person is participating in a firearms or air gun competition approved by the school or school district;

(e) Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student;

(f) Any nonstudent at least eighteen years of age legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school;

(g) Any nonstudent at least eighteen years of age who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; ((or))

(h) Any law enforcement officer of the federal, state, or local government agency; or

(i)(A) Any person in possession of a knife provided by the school, such as a dining utensil, or (B) any person in possession of a knife that the person carries in observance of the person's religion and the person has previously registered the knife with the school administration, if the person in possession of the knife under (i)(A) and (B) of this subsection (3) does not use it in a manner constituting a criminal offense.

(4) Subsections (1)(c) and (d) of this section do not apply to any person who possesses nun-chu-ka sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises.

(5) Except as provided in subsection (3)(b), (c), (f), and (h) of this section, firearms are not permitted in a public or private school building.

(6) "GUN-FREE ZONE" signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds.

NEW SECTION. Sec. 14. A new section is added to chapter 28A.320 RCW to read as follows:

(1)(a) As provided in RCW 28A.320.140, the governing board of any school district may adopt a reasonable dress and appearance code that requires students to wear a schoolwide uniform or prohibits its students from wearing gang‑related apparel. The governing board of the school district may also approve a plan that is initiated by an individual school's principal, staff, and parents if the board determines that the policy is necessary for school safety.

(b) The school district must hold a public hearing and consider adoption of dress and appearance codes if the district receives a petition signed by the parents or guardians of twenty percent or more of the district's students.

(2)(a) The principal of any school may adopt a reasonable dress and appearance code that requires students to wear a schoolwide uniform or prohibits students from wearing gang-related apparel. The principal may adopt a plan initiated by the school's principal, or the staff or parents of students within the school, if the principal determines the policy is necessary for school safety.

(b) The principal must hold a public hearing and consider adoption of a dress and appearance code if the principal receives a petition signed by the parents or guardians of twenty percent or more of the district's students.

(3) If a schoolwide uniform is required, a group comprised of the principal, some staff members, and some parents shall select the uniform.

(4) A dress and appearance code that requires students to wear a schoolwide uniform may not be implemented with less than six months' notice to parents. If students are required to wear uniforms, the school district must accommodate students so that the uniform requirement is not an unfair barrier to school attendance and participation as provided in RCW 28A.320.140.

(5) An adopted dress code policy may not preclude students who participate in a nationally recognized youth organization from wearing organization uniforms on days that the organization has a scheduled meeting or prohibit students from wearing clothing in observance of their religion.

(6) If a dress code policy prohibits wearing gang-related apparel, the school must establish policies to notify students and parents of what clothing and apparel the school considers to be gang-related apparel. The notice must precede disciplinary action against a student for wearing gang-related apparel.

NEW SECTION. Sec. 15. 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. 16. 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 takes effect immediately.