SENATE BILL REPORT

SB 6170

As of January 16, 2004

Title: An act relating to information about misconduct of school district employees.

Brief Description: Limiting suppression of information about misconduct of school district employees.

Sponsors: Senators Benton, Carlson, Stevens, Johnson, Roach, Esser, T. Sheldon, Pflug and Schmidt.

Brief History:

Committee Activity: Education: 1/20/04.

SENATE COMMITTEE ON EDUCATION

Staff: Heather Lewis-Lechner (786-7448)

Background: The Records Management Section of the Division of Archives and Records Management (a division of the Secretary of State) develops and updates policies, standards, and guidelines supporting the legal retention and disposition of public records.

The General Records Retention Schedule for School Districts and Educational Service Districts establishes the guidelines for the retention and destruction of public records for school districts. Under the provisions of the schedule, all documents related to employee disciplinary action contained within the employee's personnel file must be retained for six years after completion of probation or disciplinary action, or they may be destroyed according to the provisions of collective bargaining contracts and agreements. The guidelines also note that it may be advisable to retain this documentation until termination of employment plus six years but that is not mandatory.

Summary of Bill: Starting on July 1, 2004, school districts are prohibited from entering into any agreements or engaging in any activity that has the effect of sealing or expunging records of misconduct. Information concerning alleged misconduct that has not been substantiated is not covered by this prohibition. This prohibition does not apply to existing contracts or agreements.

Appropriation: None.

Fiscal Note: Not requested.

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