BILL REQ. #:  H-1458.2 

Read first time 02/14/2003.   Referred to Committee on Education.

     AN ACT Relating to convicted juvenile sex offenders in the common schools; adding a new section to chapter 28A.225 RCW; adding a new section to chapter 28A.320 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION.  Sec. 1   The legislature finds there has been a significant and dramatic increase in the numbers of convicted juvenile sex offenders released from the juvenile rehabilitation authority and reentering the state's public schools over the past three years. Paroled juvenile sex offenders include those offenders whose community risk classification indicates the student is likely to reoffend, or is highly likely to reoffend.
     The legislature also finds that the presence of a convicted juvenile sex offender in a school setting is a significant potential risk factor for students, staff, and teachers and results in a tension between the state's duty to provide an educational opportunity for all students and the duty to ensure a safe and secure educational environment for all students.
     The legislature further finds that concurrent with the rise in the numbers of juvenile sex offenders attending the state's high schools and middle schools has been a growing awareness of the nature and importance of comprehensive school safety planning and the duty of schools and school districts to address all components of safety and security within the school setting. Continuous one-on-one supervision of a juvenile sex offender who is likely to reoffend or highly likely to reoffend frequently may be the only adequate means of prevention capable of securing the safety of the entire school population. The legislature intends to provide schools and school districts with the tools and resources necessary to maintain a safe school environment for all students and to prevent a juvenile sex offender from reoffending while in the school setting.

NEW SECTION.  Sec. 2   A new section is added to chapter 28A.225 RCW to read as follows:
     (1) Notwithstanding any other provision of law, a school district board of directors may decline to admit a student who is a convicted juvenile sex offender, unless the school district board is satisfied that the level and method of supervision mandated in the offender's intensive supervision program required under RCW 13.40.210 is sufficient to maintain a safe and secure school environment for the entire school population. A school district's review and approval of the offender's intensive supervision program shall be limited to the supervision of the student offender while the student is on school property, is participating in school transportation services, or is engaged in school activities.
     (2) If, after review and approval of the offender's intensive supervision program, a school district board of directors admits a convicted juvenile sex offender to its schools, the school district may request and shall be eligible for and entitled to reimbursement from the juvenile rehabilitation authority for the actual costs incurred by the district for the supervision of the offender.

NEW SECTION.  Sec. 3   A new section is added to chapter 28A.320 RCW to read as follows:
     Any school district, including any school district officers, employees, volunteers, or agents, acting in good faith, during the performance and within the scope of his or her responsibilities and duties, is immune from liability for any criminal sexual act engaged in or caused by any juvenile sex offender who is on school property, participating in school transportation services, or engaged in school activities, as authorized, required, or otherwise provided for under section 2 of this act. This section shall not apply to any act or omission that constitutes gross negligence or willful and wanton conduct.

NEW SECTION.  Sec. 4   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.