BILL REQ. #:  H-1224.2 

Read first time 02/12/13.   Referred to Committee on Education.

     AN ACT Relating to authorizing school districts to take actions related to certificated school employees charged with certain felony crimes; and amending RCW 28A.405.470.

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

Sec. 1   RCW 28A.405.470 and 2009 c 396 s 4 are each amended to read as follows:
     (1) A school district board of directors shall immediately place an employee on compulsory administrative leave:
     (a) Upon being informed and verifying that an employee whose certificate or permit authorized under chapter 28A.405 or 28A.410 RCW is subject to revocation under RCW 28A.410.090(3) upon a guilty plea or conviction of any felony crime specified under RCW 28A.400.322 has been charged with any such felony crime; and
     (b) If a judge finds there is probable cause for the charge.
     (2) A school district board of directors may continue to pay the regular salary and any compensation due to an employee placed on compulsory administrative leave pursuant to subsection (1) of this section, but must pay the salary and other compensation into an interest-bearing trust account where the money remains until resolution of the criminal case. In the event that the employee enters a guilty plea or is convicted of any of the applicable charges, the contents of the trust account must return to the school district. In the event that the applicable charges are dismissed or the employee is acquitted of those charges, the contents of the trust account must be transferred to the employee.
     (3) The school district shall immediately terminate the employment of any person whose certificate or permit authorized under chapter 28A.405 or 28A.410 RCW is subject to revocation under RCW 28A.410.090(3) upon a guilty plea or conviction of any felony crime specified under RCW 28A.400.322. Employment shall remain terminated unless the employee successfully prevails on appeal. A school district board of directors is entitled to recover from the employee any salary or other compensation that may have been paid to the employee for the period between such time as the employee was placed on administrative leave, based upon criminal charges that the employee committed a felony crime specified under RCW 28A.400.322, and the time termination becomes final. This section shall only apply to employees holding a certificate or permit who have contact with children during the course of their employment.