BILL REQ. #:  S-4125.1 

Read first time 01/18/2006.   Referred to Committee on Early Learning, K-12 & Higher Education.

     AN ACT Relating to requiring school district policies on access to students and student records; creating new sections; and prescribing penalties.

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

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) Article 9 of the Washington state Constitution provides that education is the paramount duty of the state, and state law requires minors to attend schools;
     (2) When students are attending public school, the school officials and staff act in loco parentis;
     (3) Activities permitted on school grounds during school hours should support the educational mission of the public school system, be consistent with the state's duties as in loco parentis guardians of the students, and honor parental and guardianship rights, to the extent practical within the state educational mission;
     (4) Student records and data are private and confidential, and should not be released to those outside the school system, except with parental consent or as required by law;
     (5) Recruitment of students by educational, vocational, career, military, and other recruiters can be in the interest of students;
     (6) School districts have an obligation to protect the students in their care from potential sexual predators and other criminals;
     (7) School districts have an obligation to assure that recruiters do not undermine the fundamental state educational duty by encouraging students to discontinue their education, skip school, drop out, or flunk out;
     (8) School districts have an obligation to protect children in their care from dishonest, unscrupulous, or deceptive recruiting practices;
     (9) In providing recruiters access to students, schools must, to the extent possible and practical, honor parental and guardian choices for their children; and
     (10) Parents and guardians should have the ultimate authority over which recruiters have access to their children and who has access to their student's private data in school district records.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this act unless the context clearly requires otherwise.
     (1) "Directory information" means information defined in 50 U.S.C. 1232g (a)(5)(A).
     (2) "Recruiter" means one who seeks to solicit a public school student to: (a) Attend or apply to an educational or vocational establishment; (b) apply for employment with a private or public employer or the military; (c) volunteer for service with an organization; or (d) otherwise solicit public school students for off-campus or nonschool activities.

NEW SECTION.  Sec. 3   The board of directors of each school district shall by September 1, 2006, establish policies and procedures for:
     (1) Allowing parents or guardians to prohibit the release of their student's directory information, records, and data to public and private institutions, organizations, and employers. This policy shall extend to the students' names, addresses, phone numbers, social security numbers, birthdates, directory information, and other identifying data;
     (2) Providing, at a minimum, separate "opt out" categories for release of directory information, data, and records for educational, vocational, career, military, and volunteer recruitment purposes. Parents and guardians shall be provided with an "opt out" form within the first fifteen days of a new school year;
     (3) Providing thirty days from delivery of the "opt out" form to parents and guardians in allowing parents and guardians to return their choices to the school district. School districts are prohibited from releasing student directory information, data, or records to recruiting organizations from the close of the previous school year until forty-five days after the release of the "opt out" form to parents and guardians. Separate comparable provisions shall be made for summer school enrollees.

NEW SECTION.  Sec. 4   The board of directors of each school district shall by September 1, 2006, establish a policy and procedure requiring on-campus or visiting recruiters to either provide in advance for an adult school staff person or volunteer to be present when the recruiter is with the individual student, or submit a criminal records background check from both the Washington state police and federal bureau of investigation consistent with RCW 28A 400.303. In the case of military recruiters, the background check shall also require a letter from the department of defense relating to the recruiters' record under the uniform code of military justice and crimes recorded under other jurisdictions.

NEW SECTION.  Sec. 5   The board of directors of each school district shall by September 1, 2006, establish a policy and procedure for disciplining recruiters who engage in dishonest, unscrupulous, or deceptive recruiting practices.

NEW SECTION.  Sec. 6   The board of directors of each school district shall by September 1, 2006, establish a policy and procedure prohibiting recruiters from taking students off-campus during school hours or meeting students after school hours without written parental or guardian consent.

NEW SECTION.  Sec. 7   Recruiters who take students off-campus during school hours without parental or guardian consent, or arrange to meet students after school hours without parental or guardian consent, shall be guilty of a misdemeanor.