AN ACT Relating to seismic safety in school buildings; reenacting and amending RCW 28A.04.120; adding a new chapter to Title 28A RCW; creating new sections; making an appropriation; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that it is in the public interest for all school buildings to be seismically safe for occupancy and use by students, faculty, staff, and administrators. The legislature finds it necessary to establish methods for periodic seismic safety inspections, to develop a policy framework for seismic safety issues in the school system, and to develop a means for coordinating earthquake related programs of state, county, and local governmental agencies with local school districts.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the following definitions apply throughout this chapter.

(1) "Building" or "buildings" means:

(a) A school building or portion of a school building, including accessory structures, the failure of which could affect student safety and is capable of separate access and use, which (i) is the property of a public school district or private school owner, and (ii) is used or occupied by students, staff, or faculty.

(b) "Building" or "buildings" does not include: (i) A storage area or garage that pupils are not allowed to enter, (ii) buildings used by schools for off-campus classes for children or adult courses, (iii) bleachers or grandstands less than six rows or seats in depth, or (iv) yard or lighting poles, flag poles, or playground equipment that does not exceed thirty-five feet in height.

(2) "Superintendent" means the superintendent of public instruction.

(3) "Council" means the Washington state building code council under chapter 19.27 RCW.

(4) "Dangerous" means a condition of a school building upon application of the criteria developed under section 3 of this act.

NEW SECTION. Sec. 3. (1) The superintendent shall adopt criteria to establish when a building shall be considered dangerous due to seismic risks. The criteria shall be based upon recommendations of an advisory committee to be formed by the superintendent. The committee shall include representatives of:

(a) The structural engineers association of Washington;

(b) The department of general administration;

(d) The state building code council; and

(e) The general public having expertise in structural and seismic issues.

(2) The committee shall make its recommendations to the superintendent no later than October 31, 1990. The superintendent shall adopt the criteria no later than December 31, 1990.

(3) The superintendent shall adopt rules to carry out sections 2 through 8 of this act not later than June 30, 1991.

NEW SECTION. Sec. 4. (1) Except as provided in subsections (2) and (3) of this section, a thorough physical inspection and structural analysis of all buildings in the state shall be completed within thirty months after the date the superintendent has adopted the rules required in section 3 of this act.

(2) All buildings constructed before 1965 shall be inspected within eighteen months after January 1, 1991.

(3) The responsibility for obtaining the inspection required under this section shall be carried out by:

(a) The superintendent for all public school buildings; and

(b) The owner of buildings within a private school.

(4) The following buildings are exempt from the inspection required under this section:

(a) Buildings constructed in compliance with the 1976 uniform building code or a later edition of the code; and

(b) Any building for which a thorough physical inspection and structural analysis was performed and a report provided as required under this chapter within the three years preceding the effective date of this act.

(5) When seismic activity occurs in the vicinity of particular buildings that results in modified mercalli felt intensity of VI or greater, as estimated by the seismology center at the University of Washington, the superintendent shall require an immediate inspection.

(6) An architect licensed under chapter 18.08 RCW or a structural engineer licensed under chapter 18.43 RCW shall perform the building inspections required by this chapter.

(7) Nothing in this section shall prohibit a school district board of directors from contracting with a public or private individual to comply with the inspections required by this chapter.

(8) The cost of the inspections shall be borne by:

(a) The appropriate school district for public school buildings; and

(b) The owner of the building within a private school.

NEW SECTION. Sec. 5. (1) The person inspecting the building shall provide the applicable school district or private school owner with a written narrative report on the structural condition and safety of each building inspected. The report shall be submitted within thirty days after the inspection is completed. The report shall include a written evaluation of whether each building inspected is dangerous. If an evaluation states that a building is dangerous, the person inspecting the building shall describe the specific characteristics of the structure or component of the structure that causes the building to be dangerous and the specific remedial measures that are necessary to correct the dangerous condition to conform with the uniform building code, chapter 19.27 RCW. The report, the evaluations, and the remedial measures shall be based on the best professional knowledge of the person performing the inspection. An architect or structural engineer authorized to inspect buildings under this chapter shall not be held personally liable for injury to persons or damage to property as a result of structural inadequacy or failure of a building if the person who inspected the building exercised normal professional diligence in carrying out the person's duties under this chapter. All inspection reports shall be made available for public inspection upon request.

(2) All school district superintendents shall send copies of each building inspection report within ten days of receipt of such reports to the superintendent.

(3) The superintendent shall submit an annual report to the legislature not later than November 1, detailing the number of public school buildings state-wide judged to be dangerous, provide an analysis of the estimated cost for all recommended repairs, and identify sources of funding for completing the recommended repairs.

NEW SECTION. Sec. 6. (1) Upon written notification by the superintendent after the superintendent has received a copy of the building inspection report, the school district board of directors shall close any public school building that has been evaluated as dangerous by the report. Any building so closed shall remain closed until the building has been reinspected and evaluated as not dangerous by an authorized inspector. However, if a school district is unable to locate another building or buildings that meet the requirements of the uniform building code for the purpose of housing students, faculty, and staff displaced by the closure of a dangerous building, the school district may operate the building for one year. At the end of the year the building shall be closed and remain closed until the building is evaluated as not dangerous. Public access to hazardous areas shall be prevented.

(2) A school district required to inspect or close a building may apply for funding from the superintendent to inspect the buildings and effect the remedial measures determined necessary and reported by the building's inspector.

NEW SECTION. Sec. 7. No later than December 1, 1991, the superintendent shall submit a report to the legislature that:

(1) Compiles data on the number of public school buildings in the state, the number of public school buildings constructed before 1965, and the number constructed during or after 1965; a listing of the number of public school buildings in various construction design categories; the number of public school buildings by school district that were inspected for seismic stability prior to the effective date of this act and what funds were used to provide for the inspections; and the number of school districts with earthquake insurance and the availability of such insurance. The superintendent shall also analyze the cost of necessary repairs or rehabilitation of buildings needing such repairs or rehabilitation.

(2) Reviews and makes recommendations for improving the development and implementation of technically and economically feasible codes, standards, and procedures for the design and construction of new public school buildings and the strengthening of existing public school buildings to increase the earthquake resistance of all public school buildings and particularly those buildings located in areas of significant seismic hazard.

(3) Reviews and recommends methods, practices, and procedures to educate local school officials about the nature and consequences of earthquakes, the procedures for identifying those buildings especially susceptible to earthquake damage, and ways to reduce the adverse effects of an earthquake.

(4) Develops and recommends a plan to implement a comprehensive program of earthquake hazard reduction for the state's public school system.

NEW SECTION. Sec. 8. (1) In conducting the study under section 7 of this act, the superintendent shall work in cooperation with the state building code council and shall seek assistance and advice from representatives from the following persons or fields:

(a) The state board of education;

(b) School directors;

(d) School principals;

(e) Teachers;

(f) Parent groups;

(g) Architecture and planning;

(h) Fire protection;

(i) Public utilities;

(j) Electrical and mechanical engineering;

(k) Structural engineering;

(l) Soils engineering;

(m) Geology;

(n) Seismology;

(o) Insurance;

(p) Social services;

(q) Emergency services;

(r) Cities; and

(s) Counties.

(2) The president of the senate and the speaker of the house of representatives shall each appoint two members, one from each political party, who shall participate with the superintendent in the development of recommendations of the report. The superintendent shall regularly report to the legislative members on the progress of the report.

NEW SECTION. Sec. 9. There is appropriated from the general fund to the superintendent of public instruction for the biennium ending June 30, 1991, the sum of .......... dollars, or so much thereof as may be necessary, to carry out the purposes of this act, including inspections of buildings, effecting remedial measures recommended in inspection reports, and administrative costs.

Sec. 10. Section 1, chapter 39, Laws of 1987 and section 1, chapter 464, Laws of 1987 and RCW 28A.04.120 are each reenacted and amended to read as follows:

In addition to any other powers and duties as provided by law, the state board of education shall:

(1) Approve or disapprove the program of courses leading to teacher, school administrator, and school specialized personnel certification offered by all institutions of higher education within the state which may be accredited and whose graduates may become entitled to receive such certification.

(2) Conduct every five years a review of the program approval standards, including the minimum standards for teachers, administrators, and educational staff associates, to reflect research findings and assure continued improvement of preparation programs for teachers, administrators, and educational staff associates.

(3) Investigate the character of the work required to be performed as a condition of entrance to and graduation from any institution of higher education in this state relative to such certification as provided for in subsection (1) above, and prepare a list of accredited institutions of higher education of this and other states whose graduates may be awarded such certificates.

(4) (a) The state board of education shall adopt rules to allow a teacher certification candidate to fulfill, in part, teacher preparation program requirements through work experience as a noncertificated teacher's aide in a public school or private school meeting the requirements of RCW 28A.02.201. The rules shall include, but are not limited to, limitations based upon the recency of the teacher preparation candidate's teacher aide work experience, and limitations based on the amount of work experience that may apply toward teacher preparation program requirements under this chapter.

(b) The state board of education shall require that at the time of the individual's enrollment in a teacher preparation program, the supervising teacher and the building principal shall jointly provide to the teacher preparation program of the higher education institution at which the teacher candidate is enrolled, a written assessment of the performance of the teacher candidate. The assessment shall contain such information as determined by the state board of education and shall include: Evidence that at least fifty percent of the candidate's work as a noncertificated teacher's aide was involved in instructional activities with children under the supervision of a certificated teacher and that the candidate worked a minimum of six hundred thirty hours for one school year; the type of work performed by the candidate; and a recommendation of whether the candidate's work experience as a noncertificated teacher's aide should be substituted for teacher preparation program requirements. In compliance with such rules as may be established by the state board of education under this section, the teacher preparation programs of the higher education institution where the candidate is enrolled shall make the final determination as to what teacher preparation program requirements may be fulfilled by teacher aide work experience.

(5) Supervise the issuance of such certificates as provided for in subsection (1) above and specify the types and kinds of certificates necessary for the several departments of the common schools by rule or regulation in accordance with RCW 28A.70.005.

(6) Accredit, subject to such accreditation standards and procedures as may be established by the state board of education, all schools that apply for accreditation, and approve, subject to the provisions of RCW 28A.02.201, private schools carrying out a program for any or all of the grades one through twelve: PROVIDED, That no public or private schools shall be placed upon the list of accredited schools so long as secret societies are knowingly allowed to exist among its students by school officials: PROVIDED FURTHER, That the state board may elect to require all or certain classifications of the public schools to conduct and participate in such pre-accreditation examination and evaluation processes as may now or hereafter be established by the board.

(7) Make rules and regulations governing the establishment in any existing nonhigh school district of any secondary program or any new grades in grades nine through twelve. Before any such program or any new grades are established the district must obtain prior approval of the state board.

(8) Prepare such outline of study for the common schools as the board shall deem necessary, and prescribe such rules for the general government of the common schools, as shall seek to secure regularity of attendance, prevent truancy, secure efficiency, and promote the true interest of the common schools.

(9) Prepare with the assistance of the superintendent of public instruction a uniform series of questions, with the proper answers thereto for use in the correcting thereof, to be used in the examination of persons, as this code may direct, and prescribe rules and regulations for conducting any such examinations.

(10) Continuously reevaluate courses and adopt and enforce regulations within the common schools so as to meet the educational needs of students and articulate with the institutions of higher education and unify the work of the public school system.

(11) Carry out board powers and duties relating to the organization and reorganization of school districts under chapter 28A.57 RCW.

(12) By rule or regulation promulgated upon the advice of the director of community development, through the director of fire protection, provide for instruction of pupils in the public and private schools carrying out a K through 12 program, or any part thereof, so that in case of sudden emergency, including an earthquake emergency, they shall be able to leave their particular school building in the shortest possible time or take such other steps as the particular emergency demands, and without confusion or panic; such rules and regulations shall be published and distributed to certificated personnel throughout the state whose duties shall include a familiarization therewith as well as the means of implementation thereof at their particular school.

(13) Hear and decide appeals as otherwise provided by law.

The state board of education is given the authority to promulgate information and rules dealing with the prevention of child abuse for purposes of curriculum use in the common schools.

NEW SECTION. Sec. 11. (1) Each school district and the governing board of each private school shall establish an earthquake emergency procedure system in every public or private school building under its jurisdiction having an occupant capacity of fifty or more students or more than one classroom. The system developed by a school district shall be consistent with the rules adopted by the state board of education as required under RCW 28A.04.120.

(2) The earthquake emergency system shall include, but not be limited to:

(a) A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of students and staffs;

(b) Protective measures to be taken before, during, and following an earthquake; and

(c) A program to ensure that the students and staff are aware of, and properly trained in, the earthquake emergency procedure system.

NEW SECTION. Sec. 12. Sections 2 through 8 of this act shall constitute a new chapter in Title 28A RCW.

NEW SECTION. Sec. 13. 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 immediately.