2137-S

2137-S.E AAS 04/11/01 S2593.4

ESHB 2137 - S AMD 257

By Senators Kastama, Finkbeiner, McAuliffe and Zarelli

ADOPTED 04/11/01

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 9.41.280 and 1999 c 167 s 1 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.

(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.

Upon the arrest of a person at least ((~~twelve~~)) thirteen years of age and not more than twenty-one years of age for violating subsection (1)(a) of this section, the person shall be detained or confined in a juvenile or adult facility for up to seventy-two hours. The person shall not be released within the seventy-two hours until after the person has been examined and evaluated by the ((~~county-designated mental health professional~~)) person or agency designated by the local regional support network unless the court in its discretion releases the person sooner after a determination regarding probable cause or on probation bond or bail.

Within twenty-four hours of the arrest, the arresting law enforcement agency shall refer the person to the ((~~county-designated mental health professional for examination and evaluation under chapter 71.05 or 71.34 RCW~~)) person or agency designated by the local regional support network to conduct a mental health examination and evaluation and inform a parent or guardian of the person of the arrest, detention, and examination. ((~~The county-designated mental health professional shall examine and evaluate the person subject to the provisions of chapter 71.05 or 71.34 RCW.~~)) Notification to the parent or guardian shall occur prior to any examination or evaluation by the person or agency designated by the local regional support network. The examination and evaluation shall occur within twenty-four hours of receiving the referral. The examination shall occur at the facility in which the person is detained or confined. If the person has been released on probation((,)) bond((,)) or bail, the examination shall occur wherever is appropriate.

The ((~~county-designated mental health professional~~)) person or agency designated by the local regional support network may, when appropriate, determine whether to refer the person to the county-designated mental health professional or the county-designated chemical dependency specialist for examination and evaluation for commitment proceedings in accordance with chapter 71.05, 71.34, or 70.96A RCW. When a referral is made by the person or agency designated by the local regional support network, the county-designated mental health professional or the county-designated chemical dependency specialist shall examine the person subject to the provisions of chapter 71.05, 71.34, or 70.96A RCW within twenty-four hours of receiving the referral. The examination shall occur at the facility in which the person is detained or confined. If the person has been released on probation((,)) bond((,)) or bail, the examination shall occur wherever is appropriate.

Upon completion of any examination by the person or agency designated by the local regional support network, the county-designated mental health professional, or the county-designated chemical dependency specialist, the results of the examination shall be sent to the court with jurisdiction, the school, the parents, and to the person if eighteen years of age or older, and the court shall consider those results in making any determination about the person. However, any reference in the examination report or reports to facts or circumstances of the alleged acts which resulted in the arrest of the person shall not be admissible in any criminal or juvenile proceeding if the person was unrepresented by counsel at the time of the examination, or had not been arraigned prior to the examination.

The person or agency designated by the local regional support network, the county-designated mental health professional, and the county-designated chemical dependency specialist shall((~~, to the extent permitted by law,~~)) notify a parent or guardian of the person, if the person is under the age of eighteen, that an examination and evaluation has taken place and the results of the examination. Nothing in this subsection prohibits the delivery of additional, appropriate mental health examinations to the person while the person is detained or confined.

If the ((~~county-designated mental health professional~~)) person or agency designated by the local regional support network determines it is appropriate, the ((~~county-designated mental health professional~~)) person or agency designated by the local regional support network may refer the person to the local regional support network for follow-up services or the department of social and health services or other community providers for other services to the family and individual.

(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.

(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. 2. A new section is added to chapter 9.61 RCW to read as follows:

Upon the arrest of a person at least thirteen years of age and not more than twenty-one years of age for violating RCW 9.61.160 by making a threat to bomb, 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, the person shall be detained or confined in a juvenile or adult facility for up to seventy-two hours. The person shall not be released within the seventy-two hours until after the person has been examined and evaluated by the person or agency designated by the local regional support network unless the court in its discretion releases the person sooner after a determination regarding probable cause or on probation bond or bail.

Within twenty-four hours of the arrest, the arresting law enforcement agency shall refer the person to the person or agency designated by the local regional support network to conduct a mental health examination and evaluation and inform a parent or guardian of the person of the arrest, detention, and examination. Notification to the parent or guardian shall occur prior to any examination or evaluation by the person or agency designated by the local regional support network. The examination and evaluation shall occur within twenty-four hours of receiving the referral. The examination shall occur at the facility in which the person is detained or confined. If the person has been released on probation bond or bail, the examination shall occur wherever is appropriate.

The person or agency designated by the local regional support network may, when appropriate, determine whether to refer the person to the county-designated mental health professional or the county-designated chemical dependency specialist for examination and evaluation for commitment proceedings in accordance with chapter 71.05, 71.34, or 70.96A RCW. When a referral is made by the person or agency designated by the local regional support network, the county-designated mental health professional or the county-designated chemical dependency specialist shall examine the person subject to the provisions of chapter 71.05, 71.34, or 70.96A RCW within twenty-four hours of receiving the referral. The examination shall occur at the facility in which the person is detained or confined. If the person has been released on probation bond or bail, the examination shall occur wherever is appropriate.

The person or agency designated by the local regional support network, the county-designated mental health professional, and the county-designated chemical dependency specialist shall notify a parent or guardian of the person, if the person is under the age of eighteen, that an examination and evaluation has taken place and the results of the examination. Nothing in this section prohibits the delivery of additional, appropriate mental health examinations to the person while the person is detained or confined.

If the person or agency designated by the local regional support network determines it is appropriate, the person or agency designated by the local regional support network may refer the person to the local regional support network for follow-up services or the department of social and health services or other community providers for other services to the family and individual.

NEW SECTION. Sec. 3. A new section is added to chapter 9A.48 RCW to read as follows:

Upon the arrest of a person at least thirteen years of age and not more than twenty-one years of age for violating RCW 9A.48.020 relating to arson in the first degree or RCW 9A.48.030 relating to arson in the second degree, 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, the person shall be detained or confined in a juvenile or adult facility for up to seventy-two hours. The person shall not be released within the seventy-two hours until after the person has been examined and evaluated by the person or agency designated by the local regional support network unless the court in its discretion releases the person sooner after a determination regarding probable cause or on probation bond or bail.

The person or agency designated by the local regional support network, the county-designated mental health professional, and the county-designated chemical dependency specialist shall notify a parent or guardian of the person, if the person is under the age of eighteen, that an examination and evaluation has taken place and the results of the examination. Nothing in this section prohibits the delivery of additional, appropriate mental health examinations to the person while the person is detained or confined.

NEW SECTION. Sec. 4. A new section is added to chapter 28A.300 RCW to read as follows:

(1)(a) This subsection (1) shall be implemented to the extent funds are appropriated for its purposes.

(b) A school safety center shall be established in the office of the superintendent of public instruction to provide school districts with: The assistance necessary to create a consistent, comprehensive approach to school safety for every school and every school district; the means to share safety information among school districts; and a process for schools to effectively integrate safe school planning with emergency preparedness personnel, the criminal justice training commission, and local, county, and state law enforcement officers.

(c) The safety center shall disseminate successful models of school safety plans and cooperative efforts; provide assistance to schools to establish a comprehensive safe school plan; select models of cooperative efforts that have been proven successful; act as an information dissemination and resource center when an incident occurs in a school district either in Washington or in another state; coordinate activities relating to school safety; review and approve manuals and curricula used for school safety models and training; and develop and maintain a school safety information web site.

(2)(a) This subsection (2) shall be implemented to the extent funds are appropriated for its purposes.

(b) The superintendent of public instruction shall participate in a school safety center advisory committee that includes representatives of educators, classified staff, principals, superintendents, administrators, the American society for industrial security, the state criminal justice training commission, and others deemed appropriate and approved by the school safety center advisory committee. Members of the committee shall be chosen by the groups they represent. In addition, the Washington association of sheriffs and police chiefs shall appoint representatives of law enforcement to participate on the school safety center advisory committee. The advisory committee shall select a chair.

(c) The school safety center advisory committee shall develop a training program, using the best practices in school safety, for all school safety personnel. The criminal justice training commission with assistance of the advisory committee shall develop manuals and curricula for a training program for all school safety personnel. The Washington state criminal justice training commission, in collaboration with the advisory committee, shall provide the school safety training for all school administrators and school safety personnel, including school safety personnel hired after the effective date of this section.

Sec. 5. RCW 28A.305.130 and 1997 c 13 s 5 are each amended to read as follows:

In addition to any other powers and duties as provided by law, the state board of education shall:

(1) Approve or disapprove the program of courses leading to teacher, school administrator, and school specialized personnel certification offered by all institutions of higher education within the state which may be accredited and whose graduates may become entitled to receive such certification.

(2) Conduct every five years a review of the program approval standards, including the minimum standards for teachers, administrators, and educational staff associates, to reflect research findings and assure continued improvement of preparation programs for teachers, administrators, and educational staff associates.

(3) Investigate the character of the work required to be performed as a condition of entrance to and graduation from any institution of higher education in this state relative to such certification as provided for in subsection (1) above, and prepare a list of accredited institutions of higher education of this and other states whose graduates may be awarded such certificates.

(4)(a) The state board of education shall adopt rules to allow a teacher certification candidate to fulfill, in part, teacher preparation program requirements through work experience as a classified teacher's aide in a public school or private school meeting the requirements of RCW 28A.195.010. The rules shall include, but are not limited to, limitations based upon the recency of the teacher preparation candidate's teacher aide work experience, and limitations based on the amount of work experience that may apply toward teacher preparation program requirements under this chapter.

(b) The state board of education shall require that at the time of the individual's enrollment in a teacher preparation program, the supervising teacher and the building principal shall jointly provide to the teacher preparation program of the higher education institution at which the teacher candidate is enrolled, a written assessment of the performance of the teacher candidate. The assessment shall contain such information as determined by the state board of education and shall include: Evidence that at least fifty percent of the candidate's work as a classified teacher's aide was involved in instructional activities with children under the supervision of a certificated teacher and that the candidate worked a minimum of six hundred thirty hours for one school year; the type of work performed by the candidate; and a recommendation of whether the candidate's work experience as a classified teacher's aide should be substituted for teacher preparation program requirements. In compliance with such rules as may be established by the state board of education under this section, the teacher preparation programs of the higher education institution where the candidate is enrolled shall make the final determination as to what teacher preparation program requirements may be fulfilled by teacher aide work experience.

(5) Supervise the issuance of such certificates as provided for in subsection (1) above and specify the types and kinds of certificates necessary for the several departments of the common schools by rule ((~~or regulation~~)) in accordance with RCW 28A.410.010.

(6) Accredit, subject to such accreditation standards and procedures as may be established by the state board of education, all schools that apply for accreditation, and approve, subject to the provisions of RCW 28A.195.010, private schools carrying out a program for any or all of the grades kindergarten through twelve: PROVIDED, That no private school may be approved that operates a kindergarten program only: PROVIDED FURTHER, That no public or private schools shall be placed upon the list of accredited schools so long as secret societies are knowingly allowed to exist among its students by school officials: PROVIDED FURTHER, That the state board may elect to require all or certain classifications of the public schools to conduct and participate in such preaccreditation examination and evaluation processes as may now or hereafter be established by the board.

(7) Make rules ((~~and regulations~~)) governing the establishment in any existing nonhigh school district of any secondary program or any new grades in grades nine through twelve. Before any such program or any new grades are established the district must obtain prior approval of the state board.

(8) Prepare such outline of study for the common schools as the board shall deem necessary, and prescribe such rules for the general government of the common schools, as shall seek to secure regularity of attendance, prevent truancy, secure efficiency, and promote the true interest of the common schools.

(9) Continuously reevaluate courses and adopt and enforce ((~~regulations~~)) rules within the common schools so as to meet the educational needs of students and articulate with the institutions of higher education and unify the work of the public school system.

(10) Carry out board powers and duties relating to the organization and reorganization of school districts under chapters 28A.315, 28A.323, and 28A.343 RCW ((~~28A.315.010 through 28A.315.680 and 28A.315.900~~)).

(11) By rule ((~~or regulation promulgated~~)) adopted upon the advice of the chief of the Washington state patrol, through the director of fire protection, provide for instruction of pupils in the ((~~public and~~)) private schools carrying out a K through 12 program, or any part thereof, so that in case of sudden emergency they shall be able to leave their particular school building in the shortest possible time or take such other steps as the particular emergency demands, and without confusion or panic; such rules ((~~and regulations~~)) shall be published and distributed to certificated personnel throughout the state whose duties shall include a familiarization therewith as well as the means of implementation thereof at their particular school.

(12) By rule, following consultation with at least the emergency management division of the state military department and the superintendent of public instruction, provide for instruction of staff and pupils in the public schools carrying out a K through 12 program, or any part thereof, so that in case of a sudden all-hazard emergency they shall be able to leave their particular school building in the shortest possible time or take such other steps as the particular all-hazard emergency demands, without confusion or panic. The rules shall provide guidance on the development and implementation of all-hazard emergency management plans. The rules shall specify when school districts shall complete their plans. The rules shall be published and distributed to school district officials who shall in turn distribute information about the plans to all employed staff in the district.

(13) Hear and decide appeals as otherwise provided by law.

The state board of education is given the authority to promulgate information and rules dealing with the prevention of child abuse for purposes of curriculum use in the common schools.

NEW SECTION. Sec. 6. A new section is added to chapter 28A.320 RCW to read as follows:

To the extent funds are appropriated, school districts shall require that schools develop a comprehensive safe school plan. A comprehensive safe school plan is a school-based plan that includes prevention, intervention, all-hazards and crisis response including the all-hazards emergency plan under RCW 28A.305.130, and postcrisis recovery components developed to ensure the maintenance of a safe learning environment for students and adults. Upon completion of the comprehensive safe school plans, and by December 1st of every year thereafter, school districts shall report to the superintendent of public instruction whether schools in its district have developed comprehensive safe school plans. The superintendent of public instruction shall annually report to the state board of education and the education committees of the house of representatives and senate on school districts' comprehensive safe school planning."

ESHB 2137 - S AMD 257

By Senators Kastama, Finkbeiner, McAuliffe and Zarelli

ADOPTED 04/11/01

On page 1, line 1 of the title, after "Relating to" strike the remainder of the title and insert "school safety; amending RCW 9.41.280 and 28A.305.130; adding a new section to chapter 9.61 RCW; adding a new section to chapter 9A.48 RCW; adding a new section to chapter 28A.300 RCW; and adding a new section to chapter 28A.320 RCW."