BP BHEAD INT H [atlas:bill]

AN ACT Relating to safe and civil learning environments in schools and preventing bullying and other threatening, disruptive, or violent behavior in schools; amending RCW 28A.600.460 and 28A.150.240; adding a new section to chapter 28A.415 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. (1) The legislature finds that a safe and civil environment in schools is an essential prerequisite for students to learn and to achieve high academic standards.

(2) The legislature further finds that a safe and civil environment in schools is necessary for students to have the kind of academic success that will encourage them to become lifelong learners and to lead productive and satisfying lives.

(3) The legislature declares that bullying, taunting, harassment, intimidation, and other threatening, disruptive, or violent behaviors are unacceptable in the classrooms, hallways, playgrounds, and other facilities of the public schools of Washington.

(4) The intent of this act is to assist local schools in creating a culture or climate in every public school that makes all students feel welcomed, respected, and valued. The school district policies changed or adopted pursuant to this act should, in turn, be intended to create in every school a culture of recognizing the human dignity of each and every student. Therefore, the legislature intends to provide support to school districts for training school staff in strategies that have been proven effective in creating a school-wide climate that respects and nurtures all students and that creates safe and civil environments conducive to learning.

Sec. 2. RCW 28A.600.460 and 1997 c 266 s 9 are each amended to read as follows:

(1) 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 school district employee, school volunteer, 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. By July 1, 2001, each school district shall amend these policies or adopt additional policies to provide for safe and civil environments free from bullying, taunting, harassment, intimidation, and other disruptive or threatening behavior, including the behaviors in subsections (2) and (3) of this section, which undermines the climate for learning in the school for all students. The superintendent of public instruction may, at the request of a school district, provide guidelines or other technical assistance to help school districts develop effective policies. In developing any such guidelines, the superintendent of public instruction shall:

(a) Consider available, relevant data, reports, and other information on the school safety concerns of students, parents, and school employees. "Relevant data" includes, but is not limited to, the Washington state survey of adolescent health behaviors and complaints reported to the office of civil rights in the United States department of education;

(b) Provide a list of programs that have been shown to be effective in preventing and combating bullying, taunting, harassment, intimidation, and other disruptive or threatening behavior in schools. The list may include programs such as bullyproofing your school, and any program that has received a national schools of character award; and

(c) Advise all school districts of the availability of such guidelines, technical assistance, and lists of effective programs for preventing and combating bullying, taunting, harassment, intimidation, and other disruptive or threatening behavior, including the behaviors in subsections (2) and (3) of this section.

(2) A student committing an offense under chapter 9A.36, 9A.40, 9A.46, or 9A.48 RCW when the activity is directed toward the teacher, shall not be assigned to that teacher's classroom for the duration of the student's attendance at that school or any other school where the teacher is assigned.

(3) A student who commits an offense under chapter 9A.36, 9A.40, 9A.46, or 9A.48 RCW, when directed toward another student, may be removed from the classroom of the victim for the duration of the student's attendance at that school or any other school where the victim is enrolled. A student who commits an offense under one of the chapters enumerated in this section against a student or another school employee, may be expelled or suspended.

(4) Nothing in this section is intended to limit the authority of a school under existing law and rules to expel or suspend a student for misconduct or criminal behavior.

(5) All school districts must collect data on disciplinary actions taken in each school. The information shall be made available to the public upon request. This collection of data shall not include personally identifiable information including, but not limited to, a student's social security number, name, or address.

Sec. 3. RCW 28A.150.240 and 1979 ex.s. c 250 s 5 are each amended to read as follows:

(1) It is the intended purpose of this section to guarantee that the certificated teaching and administrative staff in each common school district be held accountable for the proper and efficient conduct of classroom teaching in their school which will provide students with the opportunity to achieve those skills which are generally recognized as requisite to learning.

(2) In conformance with the other provisions of Title 28A RCW, it shall be the responsibility of the certificated teaching and administrative staff in each common school to:

(a) Implement the district's prescribed curriculum and enforce, within their area of responsibility, the rules and regulations of the school district, the state superintendent of public instruction, and the state board of education, taking into due consideration individual differences among students, and maintain and render appropriate records and reports pertaining thereto.

(b) Maintain good order and discipline in their classrooms at all times.

(d) Require excuses from the parents, guardians, or custodians of minor students in all cases of absence, late arrival to school, or early dismissal.

(e) Give careful attention to the maintenance of a healthful atmosphere in the classroom.

(f) Give careful attention to the safety of the student in the classroom and report any doubtful or unsafe conditions to the building administrator.

(g) Evaluate each student's educational growth and development and make periodic reports thereon to parents, guardians, or custodians and to school administrators.

Failure to carry out such requirements as set forth in subsection (2)(a) through (g) above shall constitute sufficient cause for discharge of any member of such teaching or administrative staff.

(3) In order to help certificated instructional and administrative staff fulfill their responsibilities for meeting the requirements of this chapter, and in order to implement policies required under RCW 28A.600.460, school districts shall provide such employees with training in the most effective strategies for implementing district policies concerning safe and civil environments free from bullying, taunting, harassment, intimidation, and other threatening behavior that detracts from a classroom and school-wide climate conducive to learning for all students.

NEW SECTION. Sec. 4. A new section is added to chapter 28A.415 RCW to read as follows:

Funds allocated to school districts for implementation of learning improvement days as provided in the 1999-2001 biennial operating budget, and learning improvement day rules, or as may be provided in future budgets or other acts of the legislature, may be used to conduct training for certificated instructional staff under RCW 28A.150.240 and 28A.600.460 up to a maximum amount equivalent to the allocation for one-half day of learning improvement day funds.

NEW SECTION. Sec. 5. The higher education coordinating board shall review the curricular and instructional practices of teacher and administrator preparation programs approved by the state board of education and report to the legislature on how the teacher and administrator preparation programs are training teachers and administrators to effectively deal with bullying, taunting, harassment, intimidation, and other disruptive or threatening behavior by students in schools and training teachers and administrators to create school-wide safe and civil environments for all students. The higher education coordinating board shall submit its report to the education and higher education committees of the house of representatives and the senate by September 5, 2001.

NEW SECTION. Sec. 6. 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.