S-3936               _______________________________________________

                                                   SENATE BILL NO. 6609

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senators Craswell, Rasmussen, Metcalf, Bailey, Stratton, Johnson and Anderson

Read first time 1/19/90 and referred to Committee on  Education.

AN ACT Relating to school districts' policies and procedures regarding educational materials; and adding a new section to Title 28A RCW.

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

NEW SECTION. Sec. 1.  A new section is added to Title 28A RCW to read as follows:

          (1) School district boards of directors shall adopt policies to ensure the implementation of the requirements that public records be made available under RCW 42.17.250 through 42.17.340.  The board of directors of a school district shall develop specific policies providing for the inspection and review of any type of materials used in association with the district's educational program.  The district may charge a nominal cost to cover any costs of reproduction.

          (2) Each school district board of directors shall adopt written policies to follow when a student's parent or guardian objects in writing to a student's participation in a program or class.  The policies shall provide procedures for excusal from the program or class.  At the request of the parent or guardian, school district personnel shall assist the parent or guardian in making provisions for alternatives if excusal from required programs or classes is requested and/or provide for waiver of requirements.  An alternative program may be provided by the school district but is not required.

          (3) The following procedures shall be followed upon complaint of a violation of any provision of this section:

          (a) A complaint of a failure to follow a policy under this section shall first be presented in writing to the school principal or designee with a request that the problem be corrected.

          (b) If the complaint is not resolved satisfactorily by the principal within ten working days, the request that the problem be corrected may be presented in writing to the school district superintendent.

          (c) Any complaint not resolved satisfactorily by the school district superintendent or his or her designee within ten working days after the request has been made shall be presented in writing by the superintendent to the school district board of directors. The school district board of directors shall consider the complaint at the next regularly scheduled board meeting or at a special meeting called to consider the complaint.  The board meeting shall take place not more than thirty days after the complaint was presented to the school district superintendent.

          (d) Any complaint which provides grounds for allegations of continued willful neglect by a school district to comply with the requirements of this section may be appealed to superior court under chapter 28A.88 RCW.  If the person bringing the court action prevails, that person shall be awarded attorneys' fees and costs.  If the court finds the complaint to be frivolous, the person bringing the complaint may be charged with costs.

          (e) The school district superintendent shall send copies of any decision under (d) of this subsection to the superintendent of public instruction and the state board of education.

          (4) This section shall be liberally construed to carry out its purposes.  The court may provide any appropriate legal or equitable remedy.

NEW SECTION. Sec. 2.     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.