BILL REQ. #:  S-3718.1 

Read first time 01/14/2004.   Referred to Committee on Education.

     AN ACT Relating to investigations of complaints against school employees; amending RCW 28A.410.095; adding a new section to chapter 28A.400 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 28A.400 RCW to read as follows:
     (1) The superintendent of public instruction may initiate and conduct investigations of any complaint against a school employee as may be reasonably necessary to establish a violation of any rules, regulations, or personnel policies established by that employee's school district. For the purpose of any investigation or proceeding under this chapter, the superintendent or any officer designated by the superintendent may administer oaths and affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records that the superintendent deems relevant and material to the inquiry.
     (2) Investigations conducted by the superintendent of public instruction concerning alleged sexual misconduct towards a child shall be completed within one year of the initiation of the investigation. The superintendent of public instruction may request additional time for completion of the investigation by informing the victim, the individual being investigated, and the school district that employs the individual being investigated of the reasons additional time is needed and the amount of additional time needed. Written consent to the request must be obtained from each of the parties who must be informed. The sole remedy for a failure to complete an investigation of sexual misconduct within one year or within the time consented to by each of the contacted parties is a civil penalty of fifty dollars per day for each day beyond the allowed time.
     (3) If any person fails to obey a subpoena or obeys a subpoena but refuses to give evidence, any court of competent jurisdiction, upon application by the superintendent, may issue to that person an order requiring him or her to appear before the court and to show cause why he or she should not be compelled to obey the subpoena and give evidence material to the matter under investigation. The failure to obey an order of the court may be punishable as contempt.

Sec. 2   RCW 28A.410.095 and 1992 c 159 s 5 are each amended to read as follows:
     (1) The superintendent of public instruction may initiate and conduct investigations as may be reasonably necessary to establish the existence of any alleged violations of or noncompliance with this chapter or any rules adopted under it. For the purpose of any investigation or proceeding under this chapter, the superintendent or any officer designated by the superintendent may administer oaths and affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records that the superintendent deems relevant and material to the inquiry.
     (2) Investigations conducted by the superintendent of public instruction concerning alleged sexual misconduct towards a child shall be completed within one year of the initiation of the investigation. The superintendent of public instruction may request additional time for completion of the investigation by informing the victim, the individual being investigated, and the school district that employs the individual being investigated of the reasons additional time is needed and the amount of additional time needed. Written consent to the request must be obtained from each of the parties who must be informed. The sole remedy for a failure to complete an investigation of sexual misconduct within one year or within the time consented to by each of the contacted parties is a civil penalty of fifty dollars per day for each day beyond the allowed time.
     (3) If any person fails to obey a subpoena or obeys a subpoena but refuses to give evidence, any court of competent jurisdiction, upon application by the superintendent, may issue to that person an order requiring him or her to appear before the court and to show cause why he or she should not be compelled to obey the subpoena, and give evidence material to the matter under investigation. The failure to obey an order of the court may be punishable as contempt.