CERTIFICATION
OF ENROLLMENT
ENGROSSED
HOUSE BILL 2613
Chapter
321, Laws of 1996
(partial
veto)
54th
Legislature
1996
Regular Session
SCHOOL
DISCIPLINE
EFFECTIVE
DATE: 6/6/96
|
Passed by the House March 4, 1996
Yeas 94 Nays 0
 CLYDE BALLARD
Speaker
of the
House
of Representatives
Passed by
the Senate March 1, 1996
Yeas 45 Nays 0
|
CERTIFICATE
I, Timothy
A. Martin, Chief Clerk of the House of Representatives of the State of
Washington, do hereby certify that the attached is ENGROSSED HOUSE BILL
2613 as passed by the House of Representatives and the Senate on the
dates hereon set forth.
|
|
JOEL
PRITCHARD
President
of the Senate
|
 TIMOTHY
A. MARTIN
Chief
Clerk
|
|
Approved
March 30, 1996, with the exception of section 1, which is vetoed.Place Style On Codes above, and Style Off Codes below.
|
FILED
March
30, 1996 - 11:35 p.m.
|
|
|
|
|
MIKE
LOWRY
Governor
of the State of Washington
|
Secretary
of State
State
of Washington
|
_______________________________________________
ENGROSSED
HOUSE BILL 2613
_______________________________________________
AS AMENDED BY
THE SENATE
Passed Legislature -
1996 Regular Session
State of Washington 54th
Legislature 1996 Regular Session
By
Read first time 01/15/96.
Referred to Committee on Education.
Enhancing
school disciplinary measures.
AN ACT Relating to
school discipline; and amending RCW 28A.225.225, 28A.305.160, and 28A.635.090.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
*Sec. 1. RCW 28A.225.225
and 1995 c 52 s 3 are each amended to read as follows:
(1) All districts
accepting applications from nonresident students or from students receiving
home-based instruction for admission to the district's schools shall consider
equally all applications received. Each school district shall adopt a policy
establishing rational, fair, and equitable standards for acceptance and
rejection of applications ((by June 30, 1990)). The policy may include
rejection of nonresident students if acceptance of these students would result
in the district experiencing a financial hardship, or if the nonresident
student's disciplinary record indicates a history of behavior that has been
disruptive to the educational process.
(2) The district
shall provide to applicants written notification of the approval or denial of
the application in a timely manner. If the application is rejected, the
notification shall include the reason or reasons for denial and the right to
appeal under RCW 28A.225.230(3).
*Sec. 1
was vetoed. See message at end of chapter.
Sec. 2. RCW 28A.305.160 and 1975‑'76
2nd ex.s. c 97 s 1 are each amended to read as follows:
(1) The state
board of education shall adopt and distribute to all school districts lawful
and reasonable rules ((and regulations)) prescribing the substantive and
procedural due process guarantees of pupils in the common schools. Such rules
((and regulations)) shall authorize a school district to use informal
due process procedures in connection with the short-term suspension of
students to the extent constitutionally permissible: PROVIDED, That the state
board deems the interest of students to be adequately protected. When a
student suspension or expulsion is appealed, the rules shall authorize a school
district to impose the suspension or expulsion temporarily after an initial
hearing for no more than ten consecutive school days or until the appeal is
decided, whichever is earlier. Any days that the student is temporarily
suspended or expelled before the appeal is decided shall be applied to the term
of the student suspension or expulsion and shall not limit or extend the term
of the student suspension or expulsion.
(2) Short-term
suspension procedures may be used for suspensions of students up to and
including, ten consecutive school days.
Sec. 3. RCW 28A.635.090 and 1990
c 33 s 540 are each amended to read as follows:
It shall be unlawful
for any person, singly or in concert with others, to interfere by force or
violence with any administrator, teacher, classified employee, person under
contract with the school or school district, or student of any common
school who is in the peaceful discharge or conduct of his or her duties or
studies. Any such interference by force or violence committed by a student
shall be grounds for immediate suspension or expulsion of the student.
Passed
the House March 4, 1996.
Passed
the Senate March 1, 1996.
Approved by the Governor March 30, 1996, with the
exception of certain items that were vetoed.
Filed in
Office of Secretary of State March 30, 1996.
Note: Governor's
explanation of partial veto is as follows:
"I am returning
herewith, without my approval as to section 1, Engrossed House Bill No. 2613
entitled:
"AN ACT Relating to school discipline;"
Engrossed House Bill No. 2613 specifies that
use of force or violence against school personnel is grounds for a student's
immediate suspension or expulsion and allows school districts to impose a
temporary suspension or expulsion for up to ten days pending an appeal.
Section 1 of Engrossed House Bill No. 2613
contains a provision that would allow school districts to deny an application
for admission from a nonresident student if the student's disciplinary record
indicates a history of behavior that has been disruptive to the educational
process.
I understand that several school districts
are seeking this authority because they have been unable, in the past, to deny
admission to nonresident students with long histories of serious disciplinary
problems. While I appreciate the frustration of these districts in such cases,
I am concerned that this broadly‑worded provision would authorize school
districts across the state to deny admission to nonresident students with any
kind of disciplinary record. Such authority is clearly inappropriate and inconsistent
with the responsibility of our public school system to provide educational
services for all our children. A more targeted approach is necessary to
address the concerns raised by these school districts.
For these reasons, I have vetoed section 1 of
Engrossed House Bill No. 2613.
With the exception of
section 1, Engrossed House Bill No. 2613 is approved."