AN ACT Relating to the athletic health care and training council; amending RCW 28A.58.125 and 43.131.322; adding a new section to chapter 28A.04 RCW; adding new sections to chapter 43.230 RCW; prescribing penalties; making an appropriation; and declaring an emergency.

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

NEW SECTION. Sec. 1. (1) No later than September 1, 1985, the athletic health care and training council shall develop proposed rules that establish standards for the health and safety of persons in organized athletic programs designed for persons between the ages of twelve and eighteen either in public or private junior high schools and high schools in the state. The proposed rules shall establish standards for staff training, athletic facilities, athletic equipment, training areas, the provision of athletic health care and training services, record keeping, and emergency procedures.

(2) Upon completion, the proposed rules shall be distributed for comment to the state superintendent of public instruction, every local school district board in the state, and other interested persons. The council shall accept comments pertaining to the proposed rules until January 1, 1986.

(3) The council may modify the proposed rules where deemed appropriate and shall adopt the rules in accordance with chapter 34.04 RCW no later than May 1, 1986.

(4) The council shall periodically review the rules adopted under this section and modify them to the extent it considers it appropriate.

NEW SECTION. Sec. 2. When the council receives reports of violations of this chapter or the rules adopted under this chapter, the council may conduct investigations. At the request of the council, the prosecuting attorney of the county wherein a violation has occurred or the attorney general shall take such action as appropriate to enforce this chapter and the rules adopted under this chapter and to collect the fines specified in section 3 of this act.

NEW SECTION. Sec. 3. A school district or person may be fined up to five thousand dollars for a wilful violation of this chapter or rules adopted under this chapter. Injunctive relief may be granted to prevent future violations.

NEW SECTION. Sec. 4. Sections 1 through 3 of this act are each added to chapter 43.230 RCW.

NEW SECTION. Sec. 5. A new section is added to chapter 28A.04 RCW to read as follows:

The state board of education shall, in exercising its powers and duties, conform to the provisions of chapter 43.230 RCW and to the rules adopted under it by the athletic health care and training council.

Sec. 6. Section 1, chapter 32, Laws of 1975-'76 2nd ex. sess. and RCW 28A.58.125 are each amended to read as follows:

Each school district board of directors is hereby granted and shall exercise the authority to control, supervise and regulate the conduct of interschool athletic activities and other interschool extracurricular activities of an athletic, cultural, social or recreational nature for students of the district. This authority shall be exercised in conformity with the provisions of chapter 43.230 RCW and the rules adopted under it by the athletic health care and training council. A board of directors may delegate control, supervision and regulation of any such activity to the Washington Interscholastic Activities Association or any other voluntary nonprofit entity and compensate such entity for services provided, subject to the following conditions:

(1) The voluntary nonprofit entity shall submit an annual report to the state board of education of student appeal determinations, assets, and financial receipts and disbursements at such time and in such detail as the state board shall establish by rule;

(2) The voluntary nonprofit entity shall not discriminate in connection with employment or membership upon its governing board, or otherwise in connection with any function it performs, on the basis of race, creed, national origin, sex or marital status;

(3) Any rules and policies applied by the voluntary nonprofit entity which govern student participation in any interschool activity shall be written and subject to the annual review and approval of the state board of education at such time as it shall establish;

(4) All amendments and repeals of such rules and policies shall be subject to the review and approval of the state board; and

(5) Such rules and policies shall provide for notice of the reasons and a fair opportunity to contest such reasons prior to a final determination to reject a student's request to participate in or to continue in an interschool activity. Any such decision shall be considered a decision of the school district conducting the activity in which the student seeks to participate or was participating and may be appealed pursuant to RCW 28A.88.010 through 28A.88.015, as now or hereafter amended.

Sec. 7. Section 12, chapter 286, Laws of 1984 and RCW 43.131.322 are each amended to read as follows:

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 1991:

(1) Section 2, chapter 286, Laws of 1984 and RCW 43.230.010;

(2) Section 3, chapter 286, Laws of 1984 and RCW 43.230.020;

(3) Section 4, chapter 286, Laws of 1984 and RCW 43.230.030;

(4) Section 5, chapter 286, Laws of 1984 and RCW 43.230.040;

(5) Section 6, chapter 286, Laws of 1984 and RCW 43.230.050;

(6) Section ((7)) 1 of this 1985 act and RCW 43.__.___;

(7) Section ((8)) 2 of this 1985 act and RCW 43.__.___; ((~~and~~))

(8) Section 3 of this 1985 act and RCW 43.--.---; and

(9) Section ((9)) (5) of this 1985 act and RCW 28A.04.___.

NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 9. There is appropriated from the state general fund to the athletic health care and training council for the 1985-87 biennium the sum of forty-nine thousand dollars or so much thereof as may be necessary to carry out the purposes of this act.

NEW SECTION. Sec. 10. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.