Washington State

House of Representatives

Office of Program Research

BILL

 ANALYSIS

Education Committee

 

 

SSB 6351

 

Brief Description:  Requiring notification policies regarding threats at schools.

 

Sponsors:  Senate Committee on Education (originally sponsored by Senators Haugen, McAuliffe, Finkbeiner, Rasmussen, Hochstatter, Stevens, Eide, Kohl‑Welles, Keiser and Oke).

 

Hearing Date:  2/26/02

 

Staff:  Ilene Miller (786‑7310).

 

Background:

 

State law requires courts to notify the principal of a student=s school of the disposition of a case when a student has been convicted in adult criminal court, juvenile court, or has entered into a diversion agreement for violent offenses.  The school must provide that information to that student=s teachers, to any other personnel who supervises that student, or those who for security purposes need to be aware of that student=s history. 

 

State law also requires schools to request a student=s permanent record to include records of disciplinary action, history of violent behavior,  history of adult criminal court cases, and history of any juvenile diversion agreements for violent offenses from schools previously attended by the student.  When a school receives this type of information about a student=s history, or there is other behavior that indicates a student could be a threat to the safety of staff or other students, the school must then provide this information to the student=s teachers and security personnel.

 

School districts and their employees are immune from civil liability for damages for releasing this information so long as the release is in compliance with both federal and state law.

 

Summary of Bill:

 

School districts must adopt a policy by September 1, 2003 that addresses:

$Procedures for providing notice of threats of violence or harm to the student or school employee that is the subject of the threat;

$A definition of "threats of violence or harm"; and

$Whether or not any such threat of violence or harm made by a student may be grounds for immediate suspension or expulsion of the student.

 

The school safety center advisory committee must develop a model policy that addresses these issues by January 1, 2003.  This model policy must be posted on the Superintendent of Public Instruction's website.  Each school district must review the safety center's model policy while drafting their own policy.

 

Reporting parties are immune from any liability arising out of any such notification so long as the notification is consistent with the board's policies.  Making a false notification of a threat is a misdemeanor if it is done intentionally, maliciously, knowingly, and in bad faith.

 

Appropriation:  None.

 

Fiscal Note:  Not Requested.

 

Effective Date:  Ninety days after adjournment of session in which bill is passed.