3026-S2 AMH ANDG CLYN 169

2SHB 3026 - H AMD 1117

By Representative Anderson

NOT ADOPTED 2/13/2010

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  The legislature finds that in 1975 legislation was adopted, and later codified in chapter 28A.640 RCW, recognizing the deleterious effect of discrimination on the basis of sex, specifically prohibiting such discrimination in Washington public schools, and requiring the office of the superintendent of public instruction to monitor and ensure compliance.  The legislature further finds that, while numerous state and federal laws prohibit discrimination on other bases in addition to sex, the common school provisions codified in Chapter 28A RCW do not include specific acknowledgment of the right to be free from discrimination because of race, creed, color, national origin, honorably discharged veteran or military status, sexual orientation, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, nor do any common school provisions specifically direct the office of the superintendent to monitor and enforce compliance with these laws.  The legislature further finds that one of the recommendations made to the legislature by the achievement gap and accountability committee created pursuant to chapter 468, laws of 2009 was that the office of the superintendent of public instruction should be specifically authorized to take affirmative steps to ensure that school districts comply with all state and federal civil rights laws, similar to what has already been authorized in chapter 28A.640 RCW with respect to discrimination on the basis of sex.  The legislature recognizes and reaffirms that, in accordance with state and federal laws prohibiting discrimination, discrimination in Washington public schools on the basis of race, creed, color, national origin, honorably discharged veteran or military status, sexual orientation including gender expression or identity, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability is prohibited. 

NEW SECTION.  Sec. 2.  The office of the attorney general, in cooperation with the human rights commission and the office of the superintendent of public instruction, shall review the statutory framework currently in place for ensuring local school district compliance with state and federal laws prohibiting discrimination, as well as the history of complaints and enforcement activities to date, and shall submit its findings and recommendations with respect to what legislation, if any, is necessary to ensure that local school districts comply with state and federal laws prohibiting discrimination in public schools, including in the areas of public school employment, counseling and guidance services to students, recreational and athletic activities for students, access to course offerings, and in textbooks and instructional materials used by students.  The report of findings and recommendations shall be submitted no later than December 1, 2010 to the speaker of the house, majority leader of the senate, and the appropriate committees of the legislature."

EFFECT:   Strikes everything after the enacting clause.  Recognizes that state and federal laws prohibit discrimination on the basis of race, creed, color, national origin, honorably discharged veteran or military status, sexual orientation including gender expression or identity, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability.  Tasks the Office of the Attorney General, in cooperation with the Human Rights Commission, and the Office of Superintendent of Public Instruction, with reviewing the statutory framework currently in place for ensuring school district compliance with these state and federal laws, as well as the history of complaints and compliance activity to date, and making recommendations to the Legislature, by December 1, 2010, with respect to whether additional legislation is needed to ensure compliance with state and federal laws in this area.

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