READ FIRST TIME 02/09/10.   

     AN ACT Relating to school districts' compliance with state and federal civil rights laws; adding a new chapter to Title 28A RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that in 1975 legislation was adopted, codified as 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 enforce 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 in Title 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, 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 of public instruction to monitor and enforce compliance with these laws. The legislature finds that one of the recommendations made to the legislature by the achievement gap oversight and accountability committee created in 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. Finally, noting the history of federal and state civil rights legislation and enforcement, the legislature finds that public awareness of discriminatory practices and disparate educational outcomes is an effective complement to formal enforcement or corrective actions.

NEW SECTION.  Sec. 2   Discrimination in Washington public schools on the basis of race, creed, religion, 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. The definitions given these terms in chapter 49.60 RCW apply throughout this chapter unless the context clearly requires otherwise.

NEW SECTION.  Sec. 3   The superintendent of public instruction shall develop rules and guidelines to eliminate discrimination prohibited in section 2 of this act as it applies to 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.

NEW SECTION.  Sec. 4   The office of the superintendent of public instruction shall monitor local school districts' compliance with this chapter, and shall establish a compliance timetable, rules, and guidelines for enforcement of this chapter.

NEW SECTION.  Sec. 5   Any person aggrieved by a violation of this chapter, or aggrieved by the violation of any rule or guideline adopted under this chapter, has a right of action in superior court for civil damages and such equitable relief as the court determines.

NEW SECTION.  Sec. 6   The superintendent of public instruction has the power to enforce and obtain compliance with the provisions of this chapter and other state and federal laws prohibiting discrimination, including chapter 49.60 RCW, Title VI of the civil rights act of 1964, as amended (42 U.S.C. Secs. 2000d et seq.), Title IX of the education amendments of 1972, as amended (20 U.S.C. Secs. 1681 et seq.), section 504 of the rehabilitation act of 1973, as amended (29 U.S.C. Sec. 794), the age discrimination act of 1975, as amended (42 U.S.C. Secs. 6101 et seq.), and if applicable, the boy scouts of America equal access act of 2001 (20 U.S.C. Sec. 7905), and the rules and regulations adopted under these laws, by appropriate order made pursuant to chapter 34.05 RCW. The order may include, but is not limited to, termination of all or part of federal financial assistance or state apportionment or categorical moneys to the offending school district, termination of specified programs in which violations may be flagrant within the offending school district, institution of corrective action, and the placement of the offending school district on probation with appropriate sanctions until compliance is achieved. The superintendent will monthly post prominently on an appropriate state web site and issue statewide a press release which reports any violations subject to the foregoing order or other punitive or corrective actions. In addition, the superintendent will monthly update a web site reporting both the nature and extent, if any, of educational disparities evident in student outcome data reported by each of the state's school districts and, where reported, the corrective actions being undertaken by that district.

NEW SECTION.  Sec. 7   This chapter is supplementary to, and does not supersede, existing law and procedures and future amendments to those laws and procedures relating to unlawful discrimination.

NEW SECTION.  Sec. 8   Sections 1 through 7 of this act constitute a new chapter in Title 28A RCW.

NEW SECTION.  Sec. 9   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2010, in the omnibus appropriations act, this act is null and void.