BILL REQ. #:  S-0287.1 

Read first time 01/18/13.   Referred to Committee on Early Learning & K-12 Education.

     AN ACT Relating to requiring notification of sex offenders attending schools; amending RCW 9A.44.138 and 28A.320.125; and adding a new section to chapter 9A.44 RCW.

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

Sec. 1   RCW 9A.44.138 and 2011 c 337 s 4 are each amended to read as follows:
     (1) Upon receiving notice from a registered person pursuant to RCW 9A.44.130 that the person will be attending a school or institution of higher education or will be employed with an institution of higher education, the sheriff must promptly notify the school district and the school principal or institution's department of public safety and shall provide that school or department with the person's: (a) Name and any aliases used; (b) complete residential address; (c) date and place of birth; (d) place of employment; (e) crime for which convicted; (f) date and place of conviction; (g) sentence imposed for conviction; (h) social security number; (((h))) (i) photograph; and (((i))) (j) risk level classification.
     (2) A principal or department receiving notice under this ((subsection)) section must disclose the information received from the sheriff as follows:
     (a) If the student is classified as a risk level II or III, the principal shall provide the information received to every teacher of the student and to any other personnel who, in the judgment of the principal, supervises the student or for security purposes should be aware of the student's record;
     (b) If the student is classified as a risk level I, the principal or department shall provide the information received only to personnel who, in the judgment of the principal or department, for security purposes should be aware of the student's record.
     (3) The sheriff shall notify the applicable school district and school principal or institution's department of public safety whenever a student's risk level classification is changed or the sheriff is notified of a change in the student's address.
     (4) Any information received by school or institution personnel under this ((subsection)) section is confidential and may not be further disseminated except as provided in RCW 28A.225.330, other statutes or case law, and the family and educational and privacy rights act of 1994, 20 U.S.C. Sec. 1232g et seq.

NEW SECTION.  Sec. 2   A new section is added to chapter 9A.44 RCW to read as follows:
     (1) When a school district or department of public safety of an institution of higher education receives notice under RCW 9A.44.138 that a person who is required to register as a sex offender plans to attend the school, it shall make the following notifications:
     (a) If the student who is required to register as a sex offender is classified as a risk level I or is unclassified, the school district or department of public safety shall provide the information received under RCW 9A.44.138 only to personnel who, in the judgment of the school district, the school principal, or department of public safety, for security purposes should be aware of the student's record.
     (b)(i) If the student who is required to register as a sex offender is classified as a risk level II or III, the school district or department of public safety shall provide the information received under RCW 9A.44.138 to the student's teachers and to any other personnel who, in the judgment of the school district, the school principal, or department of public safety, supervises the student or for security purposes should be aware of the student's record.
     (ii) If the student who is required to register as a sex offender is classified as a risk level II or III, the school district or department of public safety shall also notify parents, legal guardians, students who are eighteen years of age or older, and any personnel who may observe or come into contact with the student, including school administrators, teachers, staff persons, bus drivers, security staff, coaches, playground supervisors, and maintenance personnel.
     (iii) A school district or department of public safety shall provide the notice required by (b)(ii) of this subsection in writing at the beginning of the school year and at any time a new student who is required to register as a sex offender enrolls in or arrives at the school or institution to attend classes. The school district or department of public safety shall also provide the notice by e-mail, if available. The notice provided under (b)(ii) of this subsection must include the name of the student required to register as a sex offender, the crime of conviction, the sentence imposed, and an internet link, if available, to a local law enforcement agency web site where interested persons may seek further information about registered sex offenders.
     (2) Any information received by a school district, principal, or school personnel under this section is confidential and may not be further disseminated except as provided in RCW 28A.225.330, other statutes or case law, and the family and educational and privacy rights act of 1994, 20 U.S.C. Sec. 1232g et seq.
     (3) This section may not be construed to confer any powers pursuant to RCW 4.24.550 upon the public safety department of any public or private school or institution of higher education.

Sec. 3   RCW 28A.320.125 and 2009 c 578 s 10 are each amended to read as follows:
     (1) The legislature considers it to be a matter of public safety for public schools and staff to have current safe school plans and procedures in place, fully consistent with federal law. The legislature further finds and intends, by requiring safe school plans to be in place, that school districts will become eligible for federal assistance. The legislature further finds that schools are in a position to serve the community in the event of an emergency resulting from natural disasters or man-made disasters.
     (2) Schools and school districts shall consider the guidance provided by the superintendent of public instruction, including the comprehensive school safety checklist and the model comprehensive safe school plans that include prevention, intervention, all hazard/crisis response, and postcrisis recovery, when developing their own individual comprehensive safe school plans. Each school district shall adopt, no later than September 1, 2008, and implement a safe school plan consistent with the school mapping information system pursuant to RCW 36.28A.060. The plan shall:
     (a) Include required school safety policies and procedures;
     (b) Address emergency mitigation, preparedness, response, and recovery;
     (c) Include provisions for assisting and communicating with students and staff, including those with special needs or disabilities;
     (d) Use the training guidance provided by the Washington emergency management division of the state military department in collaboration with the Washington state office of the superintendent of public instruction school safety center and the school safety center advisory committee;
     (e) Require the building principal to be certified on the incident command system;
     (f) Take into account the manner in which the school facilities may be used as a community asset in the event of a community-wide emergency; and
     (g) Set guidelines for requesting city or county law enforcement agencies, local fire departments, emergency service providers, and county emergency management agencies to meet with school districts and participate in safety-related drills.
     (3) To the extent funds are available, school districts shall annually:
     (a) Review and update safe school plans in collaboration with local emergency response agencies;
     (b) Conduct an inventory of all hazardous materials;
     (c) Update information on the school mapping information system to reflect current staffing and updated plans, including:
     (i) Identifying all staff members who are trained on the national incident management system, trained on the incident command system, or are certified on the incident command system; and
     (ii) Identifying school transportation procedures for evacuation, to include bus staging areas, evacuation routes, communication systems, parent-student reunification sites, and secondary transportation agreements consistent with the school mapping information system; and
     (d) Provide information to all staff on the use of emergency supplies and notification and alert procedures.
     (4) To the extent funds are available, school districts shall annually record and report on the information and activities required in subsection (3) of this section to the Washington association of sheriffs and police chiefs.
     (5) School districts are encouraged to work with local emergency management agencies and other emergency responders to conduct one tabletop exercise, one functional exercise, and two full-scale exercises within a four-year period.
     (6) Schools shall conduct no less than one safety-related drill each month that school is in session. Schools shall complete no less than one drill using the school mapping information system, one drill for lockdowns, one drill for shelter-in-place, and six drills for fire evacuation in accordance with the state fire code. Schools should consider drills for earthquakes, tsunamis, or other high-risk local events. Schools shall document the date and time of such drills. This subsection is intended to satisfy all federal requirements for comprehensive school emergency drills and evacuations.
     (7) Educational service districts are encouraged to apply for federal emergency response and crisis management grants with the assistance of the superintendent of public instruction and the Washington emergency management division of the state military department.
     (8) School districts shall collect the residential addresses and e-mail addresses of parents, legal guardians, students who are eighteen years of age or older, and school district personnel. School districts shall collect this information prior to the beginning of the school year and at any time a student enrolls in a school in the district or an employee is hired by the school district.
     (9) The superintendent of public instruction may adopt rules to implement provisions of this section. These rules may include, but are not limited to, provisions for evacuations, lockdowns, or other components of a comprehensive safe school plan.