2288-S

AN ACT Relating to violence prevention for safe schools; amending RCW 28A.635.060, 13.40.080, 28A.170.080, 28A.170.090, and 28A.170.100; adding a new section to chapter 43.330 RCW; adding new sections to chapter 28A.300 RCW; adding a new section to chapter 28A.305 RCW; adding a new section to chapter 28A.320 RCW; adding a new section to chapter 28A.225 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. The legislature finds that there is an increase in violence among our youth, including an increase in violent acts committed by and against youth, in the use of weapons, in substance abuse, in hate crimes, in sexual violence and abuse, and in deaths by suicide and homicide.

The legislature further finds that collaborative efforts among our youth and their families, schools, and communities are essential to reversing this increasing incidence of violence, and that both short-term safe school strategies and long-term conflict resolution skills development are needed.

The legislature further finds that it is essential to support staff development programs for school employees and teacher training programs that focus on the roots of violence and on strategies for teaching conflict resolution skills to students.

Part I

Safe Schools-Safe Communities Grant Program

NEW SECTION. Sec. 101. A new section is added to chapter 43.330 RCW to read as follows:

(1) The department of community, trade, and economic development shall administer a safe schools-safe communities program that provides financial and technical resources for community and school-based initiatives that offer youth long-term positive alternatives to violence, reduce the factors contributing to youth violence, and establish strong ties between youth and their communities.

(2) The department shall establish a process to fund:

(a) Safe school teams that develop and implement strategies to make schools safer and prevent violence;

(b) Education assistance, including tutoring, mentoring, drop-out prevention, and reentry assistance services;

(c) Employment assistance, including job development, school‑to‑work placement, employment readiness training, basic skills, apprenticeships, and community service employment;

(d) Peer-to-peer, group, and individual counseling, including crisis intervention for at-risk youth and their parents;

(e) Youth coalitions that provide opportunities to develop leadership skills and gain appropriate respect, recognition, and rewards for their positive contribution to their community;

(f) Recreational opportunities that provide healthy, viable alternatives to violence;

(g) Life skills training, including anger management, conflict resolution, victim awareness, sexual harassment and assault awareness, empathy awareness, and cultural awareness training;

(h) Parental involvement, including education and training, home visits, and referrals;

(i) Resource and referral services for youth for a full range of basic services including health, food, housing, mental health, and other basic needs; and

(j) Self-esteem training, particularly for youth at high risk of teen pregnancy.

(3) The following organizations shall be eligible to receive grants: School districts, community family councils, community-based private nonprofit organizations, educational service districts, juvenile institutions, Indian tribes, private industry councils, and local governments.

(4) The department shall consider at least the following factors when selecting projects for funding:

(a) Whether there was an assessment made of the factors contributing to the problem of youth violence in the community that includes empirical evidence linking these factors to youth violence and a strategy proposed that addresses the factors identified;

(b) Whether there was active community and youth participation in designing the program and in proposed implementation of the program;

(d) Whether there is collaboration with the local business community, labor organizations, and training institutions when employment and training projects are proposed;

(e) Whether there is local commitment of resources and effort to carrying out the project in the short-term and a long-term commitment to reducing youth violence;

(f) Whether there is research that supports the likely success of the proposed project;

(g) Whether the proposed intervention will include cognitive, affective, and behavioral interventions;

(h) The likelihood that the project will significantly benefit youth who are at-risk or will increase public safety in areas with high rates of violent crime by juveniles;

(i) The experience or expertise of the applicant to carry out the proposed project; and

(j) The plan for evaluating the project.

(5) The grants shall require local matching funds so that the grant amounts support a maximum of eighty percent of the costs of the services funded. In-kind contributions may be used in calculating the local match.

(6) Subject to funding, grants shall be funded for three years. A second series of grants shall be awarded in 1996.

(7) The department shall provide successful applicants with technical assistance and training resources.

(8) The department shall work to involve youth in its efforts to reduce youth violence.

(9) The department shall establish a system to evaluate the effectiveness of the prevention and intervention initiatives. By January 1, 1996, and every biennium through June 30, 1999, the department shall submit to the governor and the legislature an evaluation of the projects funded under this section.

(10) For the purposes of this section, "community" means a geographic region recognized as a community by the applicant, including a neighborhood, city, county, Indian tribe, or multicounty region.

(11) This section shall expire June 30, 1999.

Part II

Educator Training and Assistance

NEW SECTION. Sec. 201. (1) By December 31, 1994, the superintendent of public instruction shall prepare, or contract to prepare, a guide of available programs and strategies pertaining to conflict resolution and other violence prevention topics. The guide shall include curricular and training resources that are developmentally and culturally appropriate for the school populations being served, and shall include information regarding how to obtain the resources.

(2) The superintendent of public instruction shall provide the curricular and training resources guide to those educational service districts, school districts, schools, teachers, classified staff, parents, and other interested parties who request it.

(3) In carrying out its responsibilities under this section, the superintendent of public instruction shall coordinate with other agencies engaged in related efforts, such as the department of community, trade, and economic development, and consult with educators, parents, community groups, and other interested parties.

NEW SECTION. Sec. 202. A new section is added to chapter 28A.300 RCW to read as follows:

The superintendent of public instruction shall contract with school districts, educational service districts, and approved in-service providers to conduct training sessions for school certificated and classified employees in conflict resolution and other violence prevention topics. The training shall be developmentally and culturally appropriate for the school populations being served and be research based. The training shall not be based solely on providing materials, but also shall include techniques on imparting these skills to students. The training sessions shall be developed in coordination with school districts, the superintendent of public instruction, parents, law enforcement agencies, human services providers, and other interested parties. The training shall be offered to school districts and school staff requesting the training, and shall be made available at location throughout the state.

NEW SECTION. Sec. 203. A new section is added to chapter 28A.305 RCW to read as follows:

Effective September 1, 1995, the state board of education shall require, as a condition of program approval of teacher preparation programs under RCW 28A.305.130(1), that the programs provide instruction in, or have educational outcomes pertaining to, the teaching of conflict resolution and other violence prevention skills.

Part III

Career Ladders for At-Risk Youth

NEW SECTION. Sec. 301. A new section is added to chapter 28A.300 RCW to read as follows:

(1) The superintendent of public instruction shall, to the extent funds are appropriated, provide funding to an educational service district located in a county with a population exceeding one million persons to implement a program for young people who are considered to be seriously at risk of school or social failure. The program, which shall be conducted in collaboration with school districts, shall include: Work-based learning opportunities that are paid, highly structured, and supervised; job search services; counseling; postsecondary education guidance; social skills training; and transition planning.

(2) Participants in the program may include, but are not limited to, first-time juvenile offenders and young adults who have had alcohol or drug dependency problems, who have dropped out of school, and who are considered by school or human services personnel to be seriously at risk of academic or social failure.

Part IV

School Discipline and Safety

NEW SECTION. Sec. 401. A new section is added to chapter 28A.320 RCW to read as follows:

School district boards of directors may establish schools and programs in which: (1) Students are required to conform to dress and grooming codes, including requiring that students wear uniforms; (2) parents are required to participate in the student's education; and/or (3) discipline requirements are more stringent than in other schools in the district. School boards also may require that students who are subject to suspension or expulsion attend these schools as a condition of continued enrollment in the school district.

Sec. 402. RCW 28A.635.060 and 1993 c 347 s 3 are each amended to read as follows:

(1) Any pupil who shall deface or otherwise injure any school property, shall be liable to suspension and punishment. Any school district whose property has been lost or willfully cut, defaced, or injured, may withhold the grades, diploma, and transcripts of the pupil responsible for the damage or loss until the pupil or the pupil's parent or guardian has paid for the damages((~~, unless the student is transferring to another elementary or secondary educational institution, in which case the student's permanent record shall be released promptly to the receiving school~~)). When the pupil and parent or guardian are unable to pay for the damages, the school district shall provide a program of voluntary work for the pupil in lieu of the payment of monetary damages. Upon completion of voluntary work the grades, diploma, and transcripts of the pupil shall be released. The parent or guardian of such pupil shall be liable for damages as otherwise provided by law.

(2) Before any penalties are assessed under this section, a school district board of directors shall adopt procedures which insure that pupils' rights to due process are protected.

(3) If the department of social and health services or a child-placing agency licensed by the department has been granted custody of a child, that child's records, if requested by the department or agency, are not to be withheld for nonpayment of school fees or any other reason.

NEW SECTION. Sec. 403. A new section is added to chapter 28A.225 RCW to read as follows:

(1) When enrolling a student who has attended school in another school district, the school enrolling the student shall request the parent and the student to provide written information about:

(a) Any history of placement in special educational programs;

(b) Past, current, or pending disciplinary action;

(d) Any unpaid fines or fees imposed by other schools; and

(e) Health conditions affecting the student's educational needs.

(2) The school enrolling the student shall request the school the student previously attended to send the student's permanent record, including records of disciplinary action. However, if the student has not paid a fine or fee under RCW 28A.635.060, the school may withhold the student's official transcript and send information about the student's academic performance, special placement, and records of disciplinary action. If the official transcript is not sent due to unpaid fees or fines, the enrolling school shall notify both the student and parent or guardian that the official transcript will not be sent until the obligation is met and that the failure to have an official transcript may result in exclusion from extracurricular activities or failure to graduate.

(3) If information is requested under subsection (2) of this section, the information shall be transmitted by the student's previous school within five working days after receiving the request.

Sec. 404. RCW 13.40.080 and 1992 c 205 s 108 are each amended to read as follows:

(1) A diversion agreement shall be a contract between a juvenile accused of an offense and a diversionary unit whereby the juvenile agrees to fulfill certain conditions in lieu of prosecution. Such agreements may be entered into only after the prosecutor, or probation counselor pursuant to this chapter, has determined that probable cause exists to believe that a crime has been committed and that the juvenile committed it. Such agreements shall be entered into as expeditiously as possible. If a juvenile enters into a diversion agreement and is placed in a public school program, the agreement shall contain provisions describing required conduct and behavior of the juvenile while under the supervision of the school or school district. To the extent practicable, school officials shall be included in the development of the school program portion of the diversion agreement.

(2) A diversion agreement shall be limited to:

(a) Community service not to exceed one hundred fifty hours, not to be performed during school hours if the juvenile is attending school;

(b) Restitution limited to the amount of actual loss incurred by the victim, and to an amount the juvenile has the means or potential means to pay;

(c) Attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions at a community agency: PROVIDED, That the state shall not be liable for costs resulting from the diversionary unit exercising the option to permit diversion agreements to mandate attendance at up to ten hours of counseling and/or up to twenty hours of educational or informational sessions; and

(d) A fine, not to exceed one hundred dollars. In determining the amount of the fine, the diversion unit shall consider only the juvenile's financial resources and whether the juvenile has the means to pay the fine. The diversion unit shall not consider the financial resources of the juvenile's parents, guardian, or custodian in determining the fine to be imposed.

(3) In assessing periods of community service to be performed and restitution to be paid by a juvenile who has entered into a diversion agreement, the court officer to whom this task is assigned shall consult with victims who have contacted the diversionary unit and, to the extent possible, involve members of the community. Such members of the community shall meet with the juvenile and advise the court officer as to the terms of the diversion agreement and shall supervise the juvenile in carrying out its terms.

(4) A diversion agreement may not exceed a period of six months and may include a period extending beyond the eighteenth birthday of the divertee. Any restitution assessed during its term may not exceed an amount which the juvenile could be reasonably expected to pay during this period. If additional time is necessary for the juvenile to complete restitution to the victim, the time period limitations of this subsection may be extended by an additional six months.

(5) The juvenile shall retain the right to be referred to the court at any time prior to the signing of the diversion agreement.

(6) Divertees and potential divertees shall be afforded due process in all contacts with a diversionary unit regardless of whether the juveniles are accepted for diversion or whether the diversion program is successfully completed. Such due process shall include, but not be limited to, the following:

(a) A written diversion agreement shall be executed stating all conditions in clearly understandable language;

(b) Violation of the terms of the agreement shall be the only grounds for termination;

(c) No divertee may be terminated from a diversion program without being given a court hearing, which hearing shall be preceded by:

(i) Written notice of alleged violations of the conditions of the diversion program; and

(ii) Disclosure of all evidence to be offered against the divertee;

(d) The hearing shall be conducted by the juvenile court and shall include:

(i) Opportunity to be heard in person and to present evidence;

(ii) The right to confront and cross-examine all adverse witnesses;

(iii) A written statement by the court as to the evidence relied on and the reasons for termination, should that be the decision; and

(iv) Demonstration by evidence that the divertee has substantially violated the terms of his or her diversion agreement.

(e) The prosecutor may file an information on the offense for which the divertee was diverted:

(i) In juvenile court if the divertee is under eighteen years of age; or

(ii) In superior court or the appropriate court of limited jurisdiction if the divertee is eighteen years of age or older.

(7) The diversion unit shall, subject to available funds, be responsible for providing interpreters when juveniles need interpreters to effectively communicate during diversion unit hearings or negotiations.

(8) The diversion unit shall be responsible for advising a divertee of his or her rights as provided in this chapter.

(9) The diversion unit may refer a juvenile to community-based counseling or treatment programs.

(10) The right to counsel shall inure prior to the initial interview for purposes of advising the juvenile as to whether he or she desires to participate in the diversion process or to appear in the juvenile court. The juvenile may be represented by counsel at any critical stage of the diversion process, including intake interviews and termination hearings. The juvenile shall be fully advised at the intake of his or her right to an attorney and of the relevant services an attorney can provide. For the purpose of this section, intake interviews mean all interviews regarding the diversion agreement process.

The juvenile shall be advised that a diversion agreement shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(9) ((~~as now or hereafter amended~~)). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the diversionary unit together with the diversion agreement, and a copy of both documents shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language.

(11) When a juvenile enters into a diversion agreement, the juvenile court may receive only the following information for dispositional purposes:

(a) The fact that a charge or charges were made;

(b) The fact that a diversion agreement was entered into;

(d) Whether the alleged offender performed his or her obligations under such agreement; and

(e) The facts of the alleged offense.

(12) A diversionary unit may refuse to enter into a diversion agreement with a juvenile. When a diversionary unit refuses to enter a diversion agreement with a juvenile, it shall immediately refer such juvenile to the court for action and shall forward to the court the criminal complaint and a detailed statement of its reasons for refusing to enter into a diversion agreement. The diversionary unit shall also immediately refer the case to the prosecuting attorney for action if such juvenile violates the terms of the diversion agreement.

(13) A diversionary unit may, in instances where it determines that the act or omission of an act for which a juvenile has been referred to it involved no victim, or where it determines that the juvenile referred to it has no prior criminal history and is alleged to have committed an illegal act involving no threat of or instance of actual physical harm and involving not more than fifty dollars in property loss or damage and that there is no loss outstanding to the person or firm suffering such damage or loss, counsel and release or release such a juvenile without entering into a diversion agreement. A diversion unit's authority to counsel and release a juvenile under this subsection shall include the authority to refer the juvenile to community-based counseling or treatment programs. Any juvenile released under this subsection shall be advised that the act or omission of any act for which he or she had been referred shall constitute a part of the juvenile's criminal history as defined by RCW 13.40.020(9) ((~~as now or hereafter amended~~)). A signed acknowledgment of such advisement shall be obtained from the juvenile, and the document shall be maintained by the unit, and a copy of the document shall be delivered to the prosecutor if requested by the prosecutor. The supreme court shall promulgate rules setting forth the content of such advisement in simple language. A juvenile determined to be eligible by a diversionary unit for release as provided in this subsection shall retain the same right to counsel and right to have his or her case referred to the court for formal action as any other juvenile referred to the unit.

(14) A diversion unit may supervise the fulfillment of a diversion agreement entered into before the juvenile's eighteenth birthday and which includes a period extending beyond the divertee's eighteenth birthday.

(15) If a fine required by a diversion agreement cannot reasonably be paid due to a change of circumstance, the diversion agreement may be modified at the request of the divertee and with the concurrence of the diversion unit to convert an unpaid fine into community service. The modification of the diversion agreement shall be in writing and signed by the divertee and the diversion unit. The number of hours of community service in lieu of a monetary penalty shall be converted at the rate of the prevailing state minimum wage per hour.

(16) Fines imposed under this section shall be collected and paid into the county general fund in accordance with procedures established by the juvenile court administrator under RCW 13.04.040 and may be used only for juvenile services. In the expenditure of funds for juvenile services, there shall be a maintenance of effort whereby counties exhaust existing resources before using amounts collected under this section.

NEW SECTION. Sec. 405. A new section is added to chapter 28A.300 RCW to read as follows:

The superintendent of public instruction and the office of the attorney general, in cooperation with the Washington state bar association, shall develop a volunteer-based conflict resolution and mediation program for use in the public schools. The program shall use lawyers to train students who in turn become trainers and mediators for their peers in conflict resolution.

Part V

Drug, Alcohol, and Violence Prevention and Intervention Program

NEW SECTION. Sec. 501. The legislature finds that the alcohol and drug abuse prevention and intervention program and school security program created by the 1989 legislature have been effective, and should be continued.

The legislature further finds that there is a strong link between youth violence and the use of alcohol and drugs, and that efforts in our schools to reduce the use of alcohol and drugs should, where appropriate, be combined with efforts to reduce youth violence. Therefore, the legislature intends to expand the current alcohol and drug abuse prevention and intervention program to also include violence prevention and intervention, and to allow more flexibility in how grant funds may be used.

Sec. 502. RCW 28A.170.080 and 1990 c 33 s 157 are each amended to read as follows:

(1) Grants provided under RCW 28A.170.090 may be used solely for services provided by ((~~a substance abuse~~)) an intervention specialist or for dedicated staff time for counseling and intervention services provided by any school district certificated employee who has been trained by and has access to consultation with ((~~a substance abuse~~)) an intervention specialist. Services shall be directed at assisting students in kindergarten through twelfth grade in overcoming problems of drug and alcohol abuse, ((~~and~~)) in preventing abuse and addiction to such substances, including nicotine, and in preventing and intervening in youth violence. The grants shall require local matching funds so that the grant amounts support a maximum of eighty percent of the costs of the services funded. The services of ((~~a substance abuse~~)) an intervention specialist may be obtained by means of a contract with a state or community services agency or a drug treatment center. Services provided by ((~~a substance abuse~~)) an intervention specialist may include:

(a) Individual and family counseling, including preventive counseling;

(b) Assessment and referral for treatment;

(d) Aftercare;

(e) Development and supervision of student mentor programs;

(f) Staff training, including training in the identification of high-risk children and effective interaction with those children in the classroom; ((~~and~~))

(g) Development and coordination of school drug and alcohol core teams, involving staff, students, parents, and community members;

(h) Development and coordination of safe school teams. The drug and alcohol core teams may be expanded to serve also as safe school teams; and

(i) Implementation of short-term and long-term violence prevention strategies.

(2) For the purposes of this section, "substance abuse intervention specialist" means any one of the following, except that diagnosis and assessment, counseling and aftercare specifically identified with treatment of chemical dependency shall be performed only by personnel who meet the same qualifications as are required of a qualified chemical dependency counselor employed by an alcoholism or drug treatment program approved by the department of social and health services.

(a) An educational staff associate employed by a school district or educational service district who holds certification as a school counselor, school psychologist, school nurse, or school social worker under state board of education rules adopted pursuant to RCW 28A.305.130;

(b) An individual who meets the definition of a qualified drug or alcohol counselor established by the bureau of alcohol and substance abuse;

(c) A counselor, social worker, or other qualified professional employed by the department of social and health services;

(d) A psychologist licensed under chapter 18.83 RCW; ((or))

(e) A children's mental health specialist as defined in RCW 71.34.020; or

(f) An individual who has had training or experience in violence prevention and conflict resolution skills.

Sec. 503. RCW 28A.170.090 and 1990 c 33 s 158 are each amended to read as follows:

(1) The superintendent of public instruction shall select school districts and cooperatives of school districts to receive grants for drug ((~~and~~)), alcohol abuse, and violence prevention and intervention programs for students in kindergarten through twelfth grade, from funds appropriated by the legislature for this purpose. The minimum annual grant amount per district or cooperative of districts shall be twenty thousand dollars. Factors to be used in selecting proposals for funding and in determining grant awards shall be developed in consultation with the substance abuse advisory committee appointed under RCW 28A.170.050, with the intent of targeting funding to districts with high-risk populations. These factors may include:

(a) Characteristics of the school attendance areas to be served, such as the number of students from low-income families, truancy rates, juvenile justice referrals, and social services caseloads;

(b) The total number of students who would have access to services; and

(c) Participation of community groups and law enforcement agencies in drug ((~~and~~)), alcohol abuse, and violence prevention and intervention activities.

(2) The application procedures for grants under this section shall ((~~be consistent with the application procedures for other grants for substance abuse awareness programs under RCW 28A.170.020, including~~)) include provisions for comprehensive planning, establishment of a school and community substance abuse advisory committee, and documentation of the district's needs assessment. Planning and application for grants under this section may be integrated with the development of other substance abuse awareness and violence prevention programs by school districts, and other grants under RCW 28A.170.010 through 28A.170.040 shall not require a separate application. School districts shall, to the maximum extent feasible, coordinate the use of grants provided under this section with other funding available for substance abuse awareness and violence prevention programs. ((~~School districts should allocate resources giving emphasis to drug and alcohol abuse intervention services for students in grades five through nine.~~)) Grants may be used to provide services for students who are enrolled in approved private schools.

(3) School districts receiving grants under this section for substance abuse programs shall be required to establish a means of accessing formal assessment services for determining treatment needs of students with drug and alcohol problems. The grant applications submitted by districts shall identify the districts' plan for meeting this requirement.

(4) School districts receiving grants under this section shall be required to perform biennial evaluations of their drug ((~~and~~)), alcohol, and violence abuse prevention and intervention programs, and to report on the results of these evaluations to the superintendent of public instruction.

(5) The superintendent of public instruction may adopt rules to implement RCW 28A.170.080 through 28A.170.100.

Sec. 504. RCW 28A.170.100 and 1991 c 116 s 24 are each amended to read as follows:

((~~(1)~~)) School districts are encouraged to promote parent and community involvement in drug ((~~and~~)), alcohol abuse, and violence prevention and intervention programs, through parent visits under RCW 28A.605.020 and through any school involvement program established by the district.

(((2) Districts are further encouraged to review drug and alcohol prevention and intervention programs as part of the self-study procedures required under RCW 28A.320.200 and as part of any annual goal-setting process the district may have established under RCW 28A.320.220.))

NEW SECTION. Sec. 505. Part headings as used in this act constitute no part of the law.