S-1760.1

SUBSTITUTE SENATE BILL 5517


State of Washington	64th Legislature	2015 Regular Session

By Senate Early Learning & K-12 Education (originally sponsored by Senators Kohl-Welles, Litzow, McAuliffe, Rolfes, Keiser, and Hasegawa)

READ FIRST TIME 02/18/15.

NEW SECTION. Sec. 1. The legislature recognizes that, although infrequent, sexual harassment and sexual misconduct unfortunately occur on school campuses. This conduct can damage students' and employees' lives as well as impose a large cost to taxpayers when civil suits are brought against school districts for failing to provide an appropriate standard of care for its students and employees under federal and state statutes, rules, and regulations. The legislature intends to promote the safety and well-being of students and employees through enacting stronger policies and procedures to ensure all employees, students, and their parents or guardians are informed of such policies and procedures and the contact information for the responsible school official to contact to take concerns and file a complaint.

(1) The superintendent of public instruction shall develop regulations and guidelines to eliminate sex discrimination 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.

(b) Specifically with respect to counseling and guidance services for students, they shall be made available to all students equally. All certificated personnel shall be required to stress access to all career and vocational opportunities to students without regard to sex.

(c) Specifically with respect to recreational and athletic activities, they shall be offered to all students without regard to sex. Schools may provide separate teams for each sex. Schools which provide the following shall do so with no disparities based on sex: Equipment and supplies; medical care; services and insurance; transportation and per diem allowances; opportunities to receive coaching and instruction; laundry services; assignment of game officials; opportunities for competition, publicity and awards; scheduling of games and practice times including use of courts, gyms, and pools: PROVIDED, That such scheduling of games and practice times shall be determined by local administrative authorities after consideration of the public and student interest in attending and participating in various recreational and athletic activities. Each school which provides showers, toilets, or training room facilities for athletic purposes shall provide comparable facilities for both sexes. Such facilities may be provided either as separate facilities or shall be scheduled and used separately by each sex.

The superintendent of public instruction shall also be required to develop a student survey to distribute every three years to each local school district in the state to determine student interest for male/female participation in specific sports.

(d) Specifically with respect to course offerings, all classes shall be required to be available to all students without regard to sex: PROVIDED, That separation is permitted within any class during sessions on sex education or gym classes.

(e) Specifically with respect to textbooks and instructional materials, which shall also include, but not be limited to, reference books and audiovisual materials, they shall be required to adhere to the guidelines developed by the superintendent of public instruction to implement the intent of this chapter: PROVIDED, That this subsection shall not be construed to prohibit the introduction of material deemed appropriate by the instructor for educational purposes.

(2)(a) By December 31, 1994, the superintendent of public instruction shall develop criteria for use by school districts in developing sexual harassment policies as required under (b) of this subsection. The criteria shall address the subjects of grievance procedures, remedies to victims of sexual harassment, disciplinary actions against violators of the policy, and other subjects at the discretion of the superintendent of public instruction. Disciplinary actions must conform with collective bargaining agreements and state and federal laws. The superintendent of public instruction also shall supply sample policies to school districts upon request.

(b) By June 30, 1995, every school district shall adopt and implement a written policy concerning sexual harassment. The policy shall apply to all school district employees, volunteers, parents, and students, including, but not limited to, conduct between students.

(c) School district policies on sexual harassment shall be reviewed by the superintendent of public instruction considering the criteria established under (a) of this subsection as part of the monitoring process established in RCW 28A.640.030.

(d) The school district's sexual harassment policy ((shall)) must be written in clear language and at a reading level that enables parents or guardians and secondary school students to understand the policy. The school district's sexual harassment policy or reference to it shall be conspicuously posted throughout each school building, and provided to ((each employee)): (i) Administrators, certificated staff, classified staff, and volunteers; and (ii) parents or guardians, as well as students as deemed age-appropriate. A copy of the policy ((shall)) must appear in any publication of the school or school district setting forth the rules, regulations, procedures, and standards of conduct for the school or school district, including any handbook for students, parents or guardians, employees, or volunteers. The policy must identify how a complaint can be filed, including the employee or employees responsible for receiving complaints along with contact information for them. Any school newsletter sent to parents or guardians or information on the school district's web site must include the name and contact information for the employee or employees responsible for receiving complaints.

(e) ((Each school shall develop a process for discussing the district's sexual harassment policy. The process shall ensure the discussion addresses the definition of sexual harassment and issues covered in the sexual harassment policy.)) Upon hiring, administrators, certificated staff, and classified staff must sign a statement of receipt of the sexual harassment policy.

(f) Each school district must provide annual training to all administrators, certificated staff, and classified staff on their respective responsibilities under this chapter and 20 U.S.C. Sec. 1681 et seq. The annual training must also include training on topics including, but not limited to, the prevalence of sexual harassment, including sexual misconduct; indicators of sexual harassment and misconduct; grooming and adult-student boundary patterns; the impact of sexual harassment and misconduct on child development; complaint procedures; and the employee or employees responsible for receiving complaints. The training required in this subsection may be incorporated within other annual training. Each school district must develop a process for discussing the district's sexual harassment policy with students. The process shall ensure the discussion be age-appropriate and addresses the definition of sexual harassment and issues covered in the sexual harassment policy.