SENATE BILL REPORT

SB 6597

BYSenators Bailey, Gaspard, Smitherman, Zimmerman, Johnson, Warnke and Rinehart

Specifying the disciplinary authority and protecting classified school employees.

Senate Committee on Education

Senate Hearing Date(s):January 27, 1988; February 1, 1988

Majority Report:  Do pass.

      Signed by Senators Bailey, Chairman; Kiskaddon, Vice Chairman; Bender, Benitz, Craswell, Gaspard, Rinehart.

Senate Staff:Naomi Duke (786-7444)

                  February 2, 1988

AS REPORTED BY COMMITTEE ON EDUCATION, FEBRUARY 1, 1988

BACKGROUND:

Under current law, administrators, teachers and students are protected from interference by force or violence and intimidation by threat of force or violence when peacefully discharging their duties or studies.  Violation of these statutes constitutes a gross misdemeanor.  Classified employees are not provided the same protection.

Current law makes clear that use of disciplinary authority by an administrator or teacher is not an act of interference or intimidation.  Classified employees given disciplinary responsibility are not covered under this statutory provision.

SUMMARY:

It is unlawful to interfere with, by force or violence, or to intimidate by threat of force or violence a classified employee in the performance of his or her duties.

The crimes of interference and intimidation set forth in RCW 28A.87.230 and RCW 28A.87.232 do not apply to classified employees who are performing disciplinary duties authorized by their employers.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Dave Arbaugh, Public School Employees of Washington (pro); Bob Fisher, Washington Education Association (pro); Bill Johnston, United Food and Commercial Workers