H-1928              _______________________________________________

                                                   HOUSE BILL NO. 2148

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Dorn, Brumsickle, Walker, Betrozoff, K. Wilson, H. Myers, Schoon, Winsley, Rasmussen and Wolfe

Read first time 2/24/89 and referred to Committee on Judiciary.

AN ACT Relating to school district liability for injuries sustained by students during participation in athletic or other extracurricular student activity programs; adding a new section to chapter 4.24 RCW; creating a new section; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1.     The legislature finds that school districts sponsor and administer extracurricular activities to compliment academic programs and to provide opportunities for students to associate and participate in athletic, cultural, social, and recreational activities.  While these activities are important, they are neither essential nor required for the education of students enrolled in the public schools.

          The legislature also finds that the number of civil actions alleging school district negligence in supervising extracurricular activities and seeking large damage awards for student injuries has increased the cost of general liability insurance for school districts to the point that future sponsorship of all such activities is in doubt.

          The legislature intends to provide school districts limited immunity from civil liability for injuries incurred by students during extracurricular activities, especially interscholastic sports programs.

          In light of the decision of the Washington supreme court in Wagenblast v. Odessa School District No. 105-157-166J, 110 Wn.2d 845 (1988) that decided that a district cannot require students and their parents to release the school district from all potential future negligence claims as a condition of participation in athletics, the legislature declares that it is the public policy of the state of Washington that students who voluntarily choose to participate in interscholastic athletic programs subject themselves to the general risk of bodily injury inherent in sports, and to specific risks present due to the nature of certain sports involving a high degree of physical contact or requiring a high degree of personal skill.

NEW SECTION. Sec. 2.  A new section is added to chapter 4.24 RCW are each amended to read as follows:

          Any school district which offers a program of interschool athletic activities or other interschool extracurricular activities as authorized by RCW 28A.58.125, including but not limited to activities in which control, supervision, and regulation has been delegated by the board of directors to the Washington interscholastic activities association or any other voluntary nonprofit entity, the school district's employees, the superintendent, and members of the board of directors of the school district shall not be liable in any criminal action or civil action for damages in their individual, marital, governmental, corporate, or other capacities as a result of any acts or omissions in providing such activity programs, other than for acts or omissions constituting gross negligence or willful or wanton misconduct, the provisions of RCW 4.24.470 and 4.96.010 notwithstanding.

NEW SECTION. Sec. 3.     This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1989.