|Passed by the House January 1, 0001|
Speaker of the House of Representatives
Passed by the Senate January 1, 0001
President of the Senate
I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SECOND SUBSTITUTE HOUSE BILL 3026 as passed by the House of Representatives and the Senate on the dates hereon set forth.
Governor of the State of Washington
Secretary of State
State of Washington
|State of Washington||61st Legislature||2010 Regular Session|
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 civil rights laws, similar to what has already been
authorized in chapter 28A.640 RCW with respect to discrimination on the
basis of sex.
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 the rules and guidelines adopted under this chapter, 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 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.
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
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