AN ACT Relating to persons working at public schools; amending RCW 28A.70.160 and 28A.70.180; adding new sections to Title 28A RCW; and adding a new section to chapter 43.43 RCW.

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

Sec. 1. Section 28A.70.160, chapter 223, Laws of 1969 ex. sess. as last amended by section 137, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.70.160 are each amended to read as follows:

Any certificate to teach authorized under the provisions of this chapter or rules and regulations promulgated thereunder may be revoked or suspended by the authority authorized to grant the same upon complaint of any school district superintendent or educational service district superintendent for immorality, violation of written contract, intemperance, or crime against the law of the state((,)). Any such certificate to teach shall be revoked by the authority authorized to grant the certificate upon the conviction of any felony crime involving the physical neglect of children, the physical injury of children (excepting ((~~possible~~)) motor vehicle violations under chapter 46.61 RCW), sexual exploitation of children, child pornography, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor, the sale or purchase of a minor child under RCW 9A.64.030, or the sexual abuse of children, or ((~~any unprofessional conduct, after~~)) violation of similar laws of another jurisdiction. The person whose certificate is in question ((~~has been~~)) shall be given an opportunity to be heard. Mandatory permanent revocation for convictions of felony crimes specified under this section shall apply to such convictions which occur within the applicable period under law for the limitation of actions prior to the effective date of this 1989 act and to such convictions occurring after the effective date of this 1989 act.

Sec. 2. Section 28A.70.180, chapter 223, Laws of 1969 ex. sess. and RCW 28A.70.180 are each amended to read as follows:

In case any certificate is revoked, the holder shall not be eligible to receive another teacher's certificate for a period of twelve months after the date of revocation. However, if the certificate was revoked because of the conviction of a felony crime involving the physical neglect of children, the physical injury of children (except motor vehicle violations under chapter 46.61 RCW), sexual exploitation of children, child pornography, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor, the sale or purchase of a minor child under RCW 9A.64.030, or the sexual abuse of children, or violation of similar laws of another jurisdiction, the certificate shall not be reinstated.

NEW SECTION. Sec. 3. A new section is added to Title 28A RCW to read as follows:

(1) The school district board of directors shall immediately terminate the employment of any classified employee who has contact with children during the course of his or her employment upon conviction of any felony crime involving the physical neglect of children, the physical injury of children (except motor vehicle violations under chapter 46.61 RCW), sexual exploitation of children, child pornography, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor, the sale or purchase of a minor child under RCW 9A.64.030, or the sexual abuse of children, or violation of similar laws of another jurisdiction.

(2) The employee shall have a right of appeal under chapter 28A.88 RCW including any right of appeal under a collective bargaining agreement.

NEW SECTION. Sec. 4. A new section is added to Title 28A RCW to read as follows:

The school district board of directors shall include in any contract for services with an entity other than an employee of the school district a provision requiring the contractor to prohibit any employee of the contractor from working at a public school who has contact with children at a public school during the course of his or her employment and who has been convicted of any felony crime involving the physical neglect of children, the physical injury of children (except motor vehicle violations under chapter 46.61 RCW), sexual exploitation of children, child pornography, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor, the sale or purchase of a minor child under RCW 9A.64.030, or the sexual abuse of children, or violation of similar laws of another jurisdiction. The contract shall also contain a provision that any failure to comply with this section shall be grounds for the school district immediately terminating the contract.

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

The school district shall immediately terminate the employment of any person whose certificate is subject to revocation under RCW 28A.70.160 upon conviction of any felony crime involving the physical neglect of children, the physical injury of children (except motor vehicle violations under chapter 46.61 RCW), or the sexual abuse of children, sexual exploitation of children, child pornography, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor, the sale or purchase of a minor child under RCW 9A.64.030, or the sexual abuse of children, or violation of similar laws of another jurisdiction. Employment shall remain terminated unless the employee successfully prevails on appeal. This section shall only apply to certificated employees who have contact with children during the course of their employment.

NEW SECTION. Sec. 6. A new section is added to chapter 43.43 RCW to read as follows:

(1) The supreme court shall by rule require the courts of the state to determine if a person has a certificate to teach under chapter 28A.70 RCW upon conviction of that person of any felony crime involving the physical neglect of children, the physical injury of children (except motor vehicle violations under chapter 46.61 RCW), sexual exploitation of children, child pornography, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor, the sale or purchase of a minor child under RCW 9A.64.030, or the sexual abuse of children. The supreme court by rule shall require the courts of the state to notify the state patrol of such convictions.

(2) When the state patrol receives information that a person with a certificate to teach has been convicted of one of the felony crimes under subsection (1) of this section, the state patrol shall immediately transmit that information to the state board of education and the superintendent of public instruction.

NEW SECTION. Sec. 7. 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.