Z-0516.2  _______________________________________________

                          HOUSE BILL 1453

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Stensen, Ericksen and Talcott; by request of Board of Education

Read first time 01/26/1999.  Referred to Committee on Education.

Adopting recommendations of the state board of education.

    AN ACT Relating to the recommendations of the state board of education based on its review of its statutory authority; amending RCW 28A.150.250, 28A.205.010, 28A.205.020, 28A.205.040, 28A.225.160, 28A.300.040, 28A.305.130, 4.24.550, 9.41.280, 9.61.160, 13.40.215, 18.29.050, 18.71.030, 18.79.290, 26.09.225, 28A.150.350, 28A.160.020, 28A.160.115, 28A.170.090, 28A.195.010, 28A.195.020, 28A.195.030, 28A.195.050, 28A.195.060, 28A.195.070, 28A.200.010, 28A.210.070, 28A.210.080, 28A.210.110, 28A.210.120, 28A.210.160, 28A.210.260, 28A.210.270, 28A.210.280, 28A.210.290, 28A.225.010, 28A.225.090, 28A.225.330, 28A.300.240, 28A.305.010, 28A.305.020, 28A.305.040, 28A.305.050, 28A.305.060, 28A.305.070, 28A.310.180, 28A.315.050, 28A.320.080, 28A.320.130, 28A.335.040, 28A.335.120, 28A.410.090, 28D.02.010, 35.58.250, 36.57A.100, 46.04.521, 46.16.035, 46.37.193, 46.37.630, 46.61.385, 66.24.010, 71A.14.070, 72.05.430, and 72.65.220; reenacting and amending RCW 13.40.160, 19.142.010, 28A.335.180, and 69.50.435; and creating a new section.

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

NEW SECTION. Sec. 1.  During 1997 and 1998, a committee of the state board of education reviewed all board rules and related authorizing statutes.  Based on the findings and recommendations resulting from the review, the state board prepared a report to the legislature requesting action be taken.  It is the intent of this act to implement recommendations of the state board of education.

    Sec. 2.  RCW 28A.150.250 and 1990 c 33 s 107 are each amended to read as follows:

    From those funds made available by the legislature for the current use of the common schools, the superintendent of public instruction shall distribute annually as provided in RCW 28A.510.250 to each school district of the state operating a program approved by the state board of education an amount which, when combined with an appropriate portion of such locally available revenues, other than receipts from federal forest revenues distributed to school districts pursuant to RCW 28A.520.010 and 28A.520.020, as the superintendent of public instruction may deem appropriate for consideration in computing state equalization support, excluding excess property tax levies, will constitute a basic education allocation in dollars for each annual average full time equivalent student enrolled, based upon one full school year of one hundred eighty days, except that for kindergartens one full school year shall be one hundred eighty half days of instruction, or the equivalent as provided in RCW 28A.150.220.

    Basic education shall be considered to be fully funded by those amounts of dollars appropriated by the legislature pursuant to RCW 28A.150.250 and 28A.150.260 to fund those program requirements identified in RCW 28A.150.220 in accordance with the formula and ratios provided in RCW 28A.150.260 and those amounts of dollars appropriated by the legislature to fund the salary requirements of RCW 28A.150.100 and 28A.150.410.

    ((Operation of a program approved by the state board of education, for the purposes of this section, shall include a finding that the ratio of students per classroom teacher in grades kindergarten through three is not greater than the ratio of students per classroom teacher in grades four and above for such district:  PROVIDED, That for the purposes of this section, "classroom teacher" shall be defined as an instructional employee possessing at least a provisional certificate, but not necessarily employed as a certificated employee, whose primary duty is the daily educational instruction of students:  PROVIDED FURTHER, That the state board of education shall adopt rules and regulations to insure compliance with the student/teacher ratio provisions of this section, and such rules and regulations shall allow for exemptions for those special programs and/or school districts which may be deemed unable to practicably meet the student/teacher ratio requirements of this section by virtue of a small number of students.))

    If a school district's basic education program fails to meet the basic education requirements enumerated in RCW 28A.150.250, 28A.150.260, and 28A.150.220, the state board of education shall require the superintendent of public instruction to withhold state funds in whole or in part for the basic education allocation until program compliance is assured:  PROVIDED, That the state board of education may waive this requirement in the event of substantial lack of classroom space.

    Sec. 3.  RCW 28A.205.010 and 1993 c 211 s 1 are each amended to read as follows:

    (1) As used in this chapter, unless the context thereof shall clearly indicate to the contrary:

    "Education center" means any ((private)) nonpublic school operated on a profit or nonprofit basis which does the following:

    (a) Is devoted to the teaching of basic academic skills, including specific attention to improvement of student motivation for achieving, and employment orientation.

    (b) Operates on a clinical, client centered basis.  This shall include, but not be limited to, performing diagnosis of individual educational abilities, determination and setting of individual goals, prescribing and providing individual courses of instruction therefor, and evaluation of each individual client's progress in his or her educational program.

    (c) Conducts courses of instruction by professionally trained personnel certificated by the state board of education according to rules ((and regulations promulgated)) adopted for the purposes of this chapter and providing, for certification purposes, that a year's teaching experience in an education center shall be deemed equal to a year's teaching experience in a common or ((private)) nonpublic school.

    (2) For purposes of this chapter, basic academic skills shall include the study of mathematics, speech, language, reading and composition, science, history, literature and political science or civics, as any or all of these subjects are identified under RCW 28A.150.210 and for which essential academic learning requirements have been established under RCW 28A.630.885(3)(a); it shall not include courses of a vocational training nature and shall not include courses deemed nonessential to the accrediting of the common schools or the approval of ((private)) nonpublic schools under RCW 28A.305.130.

    (3) The state board of education shall certify an education center only upon application and (a) determination that such school comes within the definition thereof as set forth in subsection (1) ((above)) of this section and (b) demonstration on the basis of actual educational performance of such applicants' students which shows after consideration of their students' backgrounds, educational gains that are a direct result of the applicants' educational program.  Such certification may be withdrawn if the board finds that a center fails to provide adequate instruction in basic academic skills.  No education center certified by the state board of education pursuant to this section shall be deemed a common school under RCW 28A.150.020 or a ((private)) nonpublic school for the purposes of RCW 28A.195.010 through 28A.195.050.

    Sec. 4.  RCW 28A.205.020 and 1997 c 265 s 7 are each amended to read as follows:

    Only eligible common school dropouts shall be enrolled in a certified education center for reimbursement by the superintendent of public instruction as provided in RCW 28A.205.040.  A person is not an eligible common school dropout if:  (1) The person has completed high school, (2) the person has not reached his or her twelfth birthday or has passed his or her twentieth birthday, (3) the person shows proficiency beyond the high school level in a test approved by the ((superintendent of public instruction)) state board of education to be given as part of the initial diagnostic procedure, or (4) less than one month has passed after the person has dropped out of any common school and the education center has not received written verification from a school official of the common school last attended in this state that the person is no longer in attendance at the school.  A person is an eligible common school dropout even if one month has not passed since the person dropped out if the board of directors or its designee, of that common school, requests the center to admit the person because the person has dropped out or because the person is unable to attend a particular common school because of disciplinary reasons, including suspension and/or expulsion.  The fact that any person may be subject to RCW 28A.225.010 through ((28A.225.150)) 28A.225.140, 28A.200.010, and 28A.200.020 shall not affect his or her qualifications as an eligible common school dropout under this chapter.

    Sec. 5.  RCW 28A.205.040 and 1990 c 33 s 183 are each amended to read as follows:

(1)(a) From funds appropriated for that purpose, the superintendent of public instruction shall pay fees to a certified ((clinic)) center on a monthly basis for each student enrolled in compliance with RCW 28A.205.020((, fees in accordance with the following conditions:

    (1)(a) The fee for the initial diagnostic procedure shall be not more than fifty dollars per student, and hourly fees for each student shall be sixteen dollars if the class size is no greater than one, ten dollars if the class size is at least two and no greater than five, and five dollars if the class size is at least six:  PROVIDED, That)).  The superintendent shall set fees by rule.

(b) Revisions in such fees proposed by an education ((clinic)) center shall become effective after thirty days notice unless the superintendent finds such a revision is unreasonable in which case the revision shall not take effect((:  PROVIDED FURTHER, That)).  An education ((clinic)) center may, within fifteen days after such a finding by the superintendent, file notification of appeal with the state board of education which shall, no later than its second regularly scheduled meeting following notification of such appeal, either grant or deny the proposed revision((:  AND PROVIDED FURTHER, That)).  The administration of any general education development test shall not be a part of such initial diagnostic procedure.

    (((b))) (c) Reimbursements shall not be made for students who are absent.

    (((c))) (d) No ((clinic)) center shall make any charge to any student, or the student's parent, guardian or custodian, for whom a fee is being received under the provisions of this section.

    (2) Payments shall be made from available funds first to those ((clinic(s) which)) centers that have in the judgment of the superintendent demonstrated superior performance based upon consideration of students' educational gains taking into account such students' backgrounds, and upon consideration of cost effectiveness.  In considering the cost effectiveness of nonprofit ((clinics)) centers the superintendent shall take into account not only payments made under this section but also factors such as tax exemptions, direct and indirect subsidies or any other cost to taxpayers at any level of government which result from such nonprofit status.

    (3) To be eligible for such payment, every such ((clinic)) center, without prior notice, shall permit a review of its accounting records by personnel of the state auditor during normal business hours.

    (4) If total funds for this purpose approach depletion, the superintendent shall notify the ((clinics)) centers of the date after which further funds for reimbursement of the ((clinics')) centers' services will be exhausted.

    Sec. 6.  RCW 28A.225.160 and 1986 c 166 s 1 are each amended to read as follows:

    Except as otherwise provided by law, it is the general policy of the state that the common schools shall be open to the admission of all persons who are five years of age and less than twenty-one years residing in that school district.  Except as otherwise provided by law or rules adopted by the state board of education, ((the state board of education is hereby authorized to adopt rules in accordance with chapter 34.05 RCW which)) districts may establish uniform entry qualifications, including but not limited to birth date requirements, for admission to kindergarten and first grade programs of the common schools.  Such rules may provide for exceptions based upon the ability, or the need, or both, of an individual student.  For the purpose of complying with any rule adopted by the state board of education which authorizes a preadmission screening process as a prerequisite to granting exceptions to the uniform entry qualifications, a school district may collect fees ((not to exceed seventy-five dollars per preadmission student)) to cover expenses incurred in the administration of ((such a)) any preadmission screening process:  PROVIDED, That in so establishing such fee or fees, the district shall adopt regulations for waiving and reducing such fees in the cases of those persons whose families, by reason of their low income, would have difficulty in paying the entire amount of such fees.

    Sec. 7.  RCW 28A.300.040 and 1992 c 198 s 6 are each amended to read as follows:

    In addition to any other powers and duties as provided by law, the powers and duties of the superintendent of public instruction shall be:

    (1) To have supervision over all matters pertaining to the public schools of the state((.));

    (2) To report to the governor and the legislature such information and data as may be required for the management and improvement of the schools((.));

    (3) To prepare and have printed such forms, registers, courses of study, rules ((and regulations)) for the government of the common schools, ((questions prepared for the examination of persons as provided for in RCW 28A.305.130(9),)) and such other material and books as may be necessary for the discharge of the duties of teachers and officials charged with the administration of the laws relating to the common schools, and to distribute the same to educational service district superintendents((.));

    (4) To travel, without neglecting his or her other official duties as superintendent of public instruction, for the purpose of attending educational meetings or conventions, of visiting schools, of consulting educational service district superintendents or other school officials((.));

    (5) To prepare and from time to time to revise a manual of the Washington state common school code, copies of which shall be provided in such numbers as determined by the superintendent of public instruction at no cost to those public agencies within the common school system and which shall be sold at approximate actual cost of publication and distribution per volume to all other public and nonpublic agencies or individuals, said manual to contain Titles 28A and 28C RCW, rules ((and regulations)) related to the common schools, and such other matter as the state superintendent or the state board of education shall determine.  Proceeds of the sale of such code shall be transmitted to the public printer who shall credit the state superintendent's account within the state printing plant revolving fund by a like amount((.));

    (6) To act as ex officio member and the chief executive officer of the state board of education((.));

    (7) To act as the administrator for rules adopted under RCW 28A.305.130 (1) through (5), (7), and (8);

(8) To file all papers, reports and public documents transmitted to the superintendent by the school officials of the several counties or districts of the state, each year separately.  Copies of all papers filed in the superintendent's office, and the superintendent's official acts, may, or upon request, shall be certified by the superintendent and attested by the superintendent's official seal, and when so certified shall be evidence of the papers or acts so certified to((.));

    (((8))) (9) To require annually, on or before the 15th day of August, of the president, manager, or principal of every educational institution in this state, a report as required by the superintendent of public instruction; and it is the duty of every president, manager or principal, to complete and return such forms within such time as the superintendent of public instruction shall direct((.));

    (((9))) (10) To keep in the superintendent's office a record of all teachers receiving certificates to teach in the common schools of this state((.));

    (((10))) (11) To issue certificates as provided by law((.));

    (((11))) (12) To keep in the superintendent's office at the capital of the state, all books and papers pertaining to the business of the superintendent's office, and to keep and preserve in the superintendent's office a complete record of statistics, as well as a record of the meetings of the state board of education((.));

    (((12))) (13) With the assistance of the office of the attorney general, to decide all points of law which may be submitted to the superintendent in writing by any educational service district superintendent, or that may be submitted to the superintendent by any other person, upon appeal from the decision of any educational service district superintendent; and the superintendent shall publish his or her rulings and decisions from time to time for the information of school officials and teachers; and the superintendent's decision shall be final unless set aside by a court of competent jurisdiction((.));

    (((13))) (14) To administer oaths and affirmations in the discharge of the superintendent's official duties((.));

    (((14))) (15) To deliver to his or her successor, at the expiration of the superintendent's term of office, all records, books, maps, documents and papers of whatever kind belonging to the superintendent's office or which may have been received by the superintendent's for the use of the superintendent's office((.));

    (((15))) (16) To administer family services and programs to promote the state's policy as provided in RCW 74.14A.025((.));

    (((16))) (17) To perform such other duties as may be required by law.

    Sec. 8.  RCW 28A.305.130 and 1997 c 13 s 5 are each 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)) of this section, 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 classified teacher's aide in a public or nonpublic school ((or private school)) meeting the requirements of RCW 28A.195.010.  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 classified 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 classified 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)) of this section 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.410.010.));

    (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.195.010, ((private)) nonpublic schools carrying out a program for any or all of the grades kindergarten through twelve:  PROVIDED, That no ((private)) nonpublic school may be approved that operates a kindergarten program only:  PROVIDED FURTHER, That no public or ((private)) nonpublic 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 preaccreditation examination and evaluation processes as may now or hereafter be established by the board((.));

    (7) Establish, publish, and enforce rules determining eligibility for and certification of personnel employed in the common schools of this state, including certification for emergency or temporary, substitute, or provisional duty and under such certificates or permits as the board shall deem proper or as otherwise prescribed by law.  The rules shall require that the initial application for certification shall require a record check of the applicant through the Washington state patrol criminal identification system and through the federal bureau of investigation at the applicant's expense.  The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card.  The superintendent of public instruction may waive the record check for any applicant who has had a record check within the two years before application;

(8) In establishing rules pertaining to the qualifications of instructors of American sign language, consult with the national association of the deaf, "sign instructors guidance network" (s.i.g.n.), and the Washington state association of the deaf for evaluation and certification of sign language instructors;

(9) 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))) (10) 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))) (11) Continuously reevaluate courses and adopt and enforce ((regulations)) rules 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((.));

    (((10))) (12) Carry out board powers and duties relating to the organization and reorganization of school districts under RCW 28A.315.010 through 28A.315.680 and 28A.315.900((.));

    (((11))) (13) By rule ((or regulation promulgated)) adopted upon the advice of the chief of the Washington state patrol, through the director of fire protection, provide for instruction of pupils in the public and ((private)) nonpublic schools carrying out a K through 12 program, or any part thereof, so that in case of sudden 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((.)); and

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

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

    Sec. 9.  RCW 4.24.550 and 1998 c 220 s 6 are each amended to read as follows:

    (1) Public agencies are authorized to release information to the public regarding sex offenders and kidnapping offenders when the agency determines that disclosure of the information is relevant and necessary to protect the public and counteract the danger created by the particular offender.  This authorization applies to information regarding:  (a) Any person adjudicated or convicted of a sex offense as defined in RCW 9A.44.130 or a kidnapping offense as defined by RCW 9A.44.130; (b) any person under the jurisdiction of the indeterminate sentence review board as the result of a sex offense or kidnapping offense; (c) any person committed as a sexually violent predator under chapter 71.09 RCW or as a sexual psychopath under chapter 71.06 RCW; (d) any person found not guilty of a sex offense or kidnapping offense by reason of insanity under chapter 10.77 RCW; and (e) any person found incompetent to stand trial for a sex offense or kidnapping offense and subsequently committed under chapter 71.05 or 71.34 RCW.

    (2) The extent of the public disclosure of relevant and necessary information shall be rationally related to:  (a) The level of risk posed by the offender to the community; (b) the locations where the offender resides, expects to reside, or is regularly found; and (c) the needs of the affected community members for information to enhance their individual and collective safety.

    (3) Local law enforcement agencies shall consider the following guidelines in determining the extent of a public disclosure made under this section:  (a) For offenders classified as risk level I, the agency shall share information with other appropriate law enforcement agencies and may disclose, upon request, relevant, necessary, and accurate information to any victim or witness to the offense and to any individual community member who lives near the residence where the offender resides, expects to reside, or is regularly found; (b) for offenders classified as risk level II, the agency may also disclose relevant, necessary, and accurate information to public and ((private)) nonpublic schools, child day care centers, family day care providers, businesses and organizations that serve primarily children, women, or vulnerable adults, and neighbors and community groups near the residence where the offender resides, expects to reside, or is regularly found; and (c) for offenders classified as risk level III, the agency may also disclose relevant, necessary, and accurate information to the public at large.

    (4) Local law enforcement agencies that disseminate information pursuant to this section shall:  (a) Review available risk level classifications made by the department of corrections, the department of social and health services, and the indeterminate sentence review board; (b) assign risk level classifications to all offenders about whom information will be disseminated; and (c) make a good faith effort to notify the public and residents at least fourteen days before the offender is released from confinement or, where an offender moves from another jurisdiction, as soon as possible after the agency learns of the offender's move, except that in no case may this notification provision be construed to require an extension of an offender's release date.  The juvenile court shall provide local law enforcement officials with all relevant information on offenders allowed to remain in the community in a timely manner.

    (5) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470 is immune from civil liability for damages for any discretionary risk level classification decisions or release of relevant and necessary information, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith.  The immunity in this section applies to risk level classification decisions and the release of relevant and necessary information regarding any individual for whom disclosure is authorized.  The decision of a local law enforcement agency or official to classify an offender to a risk level other than the one assigned by the department of corrections, the department of social and health services, or the indeterminate sentence review board, or the release of any relevant and necessary information based on that different classification shall not, by itself, be considered gross negligence or bad faith.  The immunity provided under this section applies to the release of relevant and necessary information to other public officials, public employees, or public agencies, and to the general public.

    (6) Except as may otherwise be provided by law, nothing in this section shall impose any liability upon a public official, public employee, or public agency for failing to release information authorized under this section.

    (7) Nothing in this section implies that information regarding persons designated in subsection (1) of this section is confidential except as may otherwise be provided by law.

    (8) When a local law enforcement agency or official classifies an offender differently than the offender is classified by the department of corrections, the department of social and health services, or the indeterminate sentence review board, the law enforcement agency or official shall notify the appropriate department or the board and submit its reasons supporting the change in classification.

    Sec. 10.  RCW 9.41.280 and 1996 c 295 s 13 are each amended to read as follows:

    (1) It is unlawful for a person to carry onto, or to possess on, public or ((private)) nonpublic elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or ((private)) nonpublic schools:

    (a) Any firearm;

    (b) Any other dangerous weapon as defined in RCW 9.41.250;

    (c) Any device commonly known as "nun-chu-ka sticks", consisting of two or more lengths of wood, metal, plastic, or similar substance connected with wire, rope, or other means;

    (d) Any device, commonly known as "throwing stars", which are multi-pointed, metal objects designed to embed upon impact from any aspect; or

    (e) Any air gun, including any air pistol or air rifle, designed to propel a BB, pellet, or other projectile by the discharge of compressed air, carbon dioxide, or other gas.

    (2) Any such person violating subsection (1) of this section is guilty of a gross misdemeanor.  If any person is convicted of a violation of subsection (1)(a) of this section, the person shall have his or her concealed pistol license, if any revoked for a period of three years.  Anyone convicted under this subsection is prohibited from applying for a concealed pistol license for a period of three years.  The court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.

    Any violation of subsection (1) of this section by elementary or secondary school students constitutes grounds for expulsion from the state's public schools in accordance with RCW 28A.600.010.  An appropriate school authority shall promptly notify law enforcement and the student's parent or guardian regarding any allegation or indication of such violation.

    (3) Subsection (1) of this section does not apply to:

    (a) Any student or employee of a private military academy when on the property of the academy;

    (b) Any person engaged in military, law enforcement, or school district security activities;

    (c) Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed;

    (d) Any person while the person is participating in a firearms or air gun competition approved by the school or school district;

    (e) Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student;

    (f) Any nonstudent at least eighteen years of age legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school;

    (g) Any nonstudent at least eighteen years of age who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; or

    (h) Any law enforcement officer of the federal, state, or local government agency.

    (4) Subsections (1)(c) and (d) of this section do not apply to any person who possesses nun-chu-ka sticks, throwing stars, or other dangerous weapons to be used in martial arts classes authorized to be conducted on the school premises.

    (5) Except as provided in subsection (3)(b), (c), (f), and (h) of this section, firearms are not permitted in a public or ((private)) nonpublic school building.

    (6) "GUN-FREE ZONE" signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds.

    Sec. 11.  RCW 9.61.160 and 1977 ex.s. c 231 s 1 are each amended to read as follows:

    It shall be unlawful for any person to threaten to bomb or otherwise injure any public or ((private)) nonpublic school building, any place of worship or public assembly, any governmental property, or any other building, common carrier, or structure, or any place used for human occupancy; or to communicate or repeat any information concerning such a threatened bombing or injury, knowing such information to be false and with intent to alarm the person or persons to whom the information is communicated or repeated.

    Sec. 12.  RCW 13.40.160 and 1997 c 338 s 25 and 1997 c 265 s 1 are each reenacted and amended to read as follows:

    (1) The standard range disposition for a juvenile adjudicated of an offense is determined according to RCW 13.40.0357.

    (a) When the court sentences an offender to a local sanction as provided in RCW 13.40.0357 option A, the court shall impose a determinate disposition within the standard ranges, except as provided in subsections (2), (4), and (5) of this section.  The disposition may be comprised of one or more local sanctions.

    (b) When the court sentences an offender to a standard range as provided in RCW 13.40.0357 option A that includes a term of confinement exceeding thirty days, commitment shall be to the department for the standard range of confinement, except as provided in subsections (2), (4), and (5) of this section.

    (2) If the court concludes, and enters reasons for its conclusion, that disposition within the standard range would effectuate a manifest injustice the court shall impose a disposition outside the standard range, as indicated in option C of RCW 13.40.0357.  The court's finding of manifest injustice shall be supported by clear and convincing evidence.

    A disposition outside the standard range shall be determinate and shall be comprised of confinement or community supervision, or a combination thereof.  When a judge finds a manifest injustice and imposes a sentence of confinement exceeding thirty days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030(2) shall be used to determine the range.  A disposition outside the standard range is appealable under RCW 13.40.230 by the state or the respondent.  A disposition within the standard range is not appealable under RCW 13.40.230.

    (3) Where a respondent is found to have committed an offense for which the respondent declined to enter into a diversion agreement, the court shall impose a term of community supervision limited to the conditions allowed in a diversion agreement as provided in RCW 13.40.080(2).

    (4) When a juvenile offender is found to have committed a sex offense, other than a sex offense that is also a serious violent offense as defined by RCW 9.94A.030, and has no history of a prior sex offense, the court, on its own motion or the motion of the state or the respondent, may order an examination to determine whether the respondent is amenable to treatment.

    The report of the examination shall include at a minimum the following:  The respondent's version of the facts and the official version of the facts, the respondent's offense history, an assessment of problems in addition to alleged deviant behaviors, the respondent's social, educational, and employment situation, and other evaluation measures used.  The report shall set forth the sources of the evaluator's information.

    The examiner shall assess and report regarding the respondent's amenability to treatment and relative risk to the community.  A proposed treatment plan shall be provided and shall include, at a minimum:

    (a)(i) Frequency and type of contact between the offender and therapist;

    (ii) Specific issues to be addressed in the treatment and description of planned treatment modalities;

    (iii) Monitoring plans, including any requirements regarding living conditions, lifestyle requirements, and monitoring by family members, legal guardians, or others;

    (iv) Anticipated length of treatment; and

    (v) Recommended crime-related prohibitions.

    The court on its own motion may order, or on a motion by the state shall order, a second examination regarding the offender's amenability to treatment.  The evaluator shall be selected by the party making the motion.  The defendant shall pay the cost of any second examination ordered unless the court finds the defendant to be indigent in which case the state shall pay the cost.

    After receipt of reports of the examination, the court shall then consider whether the offender and the community will benefit from use of this special sex offender disposition alternative and consider the victim's opinion whether the offender should receive a treatment disposition under this section.  If the court determines that this special sex offender disposition alternative is appropriate, then the court shall impose a determinate disposition within the standard range for the offense, or if the court concludes, and enters reasons for its conclusions, that such disposition would cause a manifest injustice, the court shall impose a disposition under option C, and the court may suspend the execution of the disposition and place the offender on community supervision for at least two years.  As a condition of the suspended disposition, the court may impose the conditions of community supervision and other conditions, including up to thirty days of confinement and requirements that the offender do any one or more of the following:

    (b)(i) Devote time to a specific education, employment, or occupation;

    (ii) Undergo available outpatient sex offender treatment for up to two years, or inpatient sex offender treatment not to exceed the standard range of confinement for that offense.  A community mental health center may not be used for such treatment unless it has an appropriate program designed for sex offender treatment.  The respondent shall not change sex offender treatment providers or treatment conditions without first notifying the prosecutor, the probation counselor, and the court, and shall not change providers without court approval after a hearing if the prosecutor or probation counselor object to the change;

    (iii) Remain within prescribed geographical boundaries and notify the court or the probation counselor prior to any change in the offender's address, educational program, or employment;

    (iv) Report to the prosecutor and the probation counselor prior to any change in a sex offender treatment provider.  This change shall have prior approval by the court;

    (v) Report as directed to the court and a probation counselor;

    (vi) Pay all court-ordered legal financial obligations, perform community service, or any combination thereof;

    (vii) Make restitution to the victim for the cost of any counseling reasonably related to the offense;

    (viii) Comply with the conditions of any court-ordered probation bond; or

    (ix) The court shall order that the offender may not attend the public or approved ((private)) nonpublic elementary, middle, or high school attended by the victim or the victim's siblings.  The parents or legal guardians of the offender are responsible for transportation or other costs associated with the offender's change of school that would otherwise be paid by the school district.  The court shall send notice of the disposition and restriction on attending the same school as the victim or victim's siblings to the public or approved ((private)) nonpublic school the juvenile will attend, if known, or if unknown, to the approved ((private)) nonpublic schools and the public school district board of directors of the district in which the juvenile resides or intends to reside.  This notice must be sent at the earliest possible date but not later than ten calendar days after entry of the disposition.

    The sex offender treatment provider shall submit quarterly reports on the respondent's progress in treatment to the court and the parties.  The reports shall reference the treatment plan and include at a minimum the following:  Dates of attendance, respondent's compliance with requirements, treatment activities, the respondent's relative progress in treatment, and any other material specified by the court at the time of the disposition.

    At the time of the disposition, the court may set treatment review hearings as the court considers appropriate.

    Except as provided in this subsection (4), after July 1, 1991, examinations and treatment ordered pursuant to this subsection shall only be conducted by sex offender treatment providers certified by the department of health pursuant to chapter 18.155 RCW.  A sex offender therapist who examines or treats a juvenile sex offender pursuant to this subsection does not have to be certified by the department of health pursuant to chapter 18.155 RCW if the court finds that:  (A) The offender has already moved to another state or plans to move to another state for reasons other than circumventing the certification requirements; (B) no certified providers are available for treatment within a reasonable geographical distance of the offender's home; and (C) the evaluation and treatment plan comply with this subsection (4) and the rules adopted by the department of health.

    If the offender violates any condition of the disposition or the court finds that the respondent is failing to make satisfactory progress in treatment, the court may revoke the suspension and order execution of the disposition or the court may impose a penalty of up to thirty days' confinement for violating conditions of the disposition.  The court may order both execution of the disposition and up to thirty days' confinement for the violation of the conditions of the disposition.  The court shall give credit for any confinement time previously served if that confinement was for the offense for which the suspension is being revoked.

    For purposes of this section, "victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.  "Victim" may also include a known parent or guardian of a victim who is a minor child unless the parent or guardian is the perpetrator of the offense.

    A disposition entered under this subsection (4) is not appealable under RCW 13.40.230.

    (5) If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose the disposition alternative under RCW 13.40.165.

    (6) RCW 13.40.193 shall govern the disposition of any juvenile adjudicated of possessing a firearm in violation of RCW 9.41.040(1)(b)(iii) or any crime in which a special finding is entered that the juvenile was armed with a firearm.

    (7) Whenever a juvenile offender is entitled to credit for time spent in detention prior to a dispositional order, the dispositional order shall specifically state the number of days of credit for time served.

    (8) Except as provided under subsection (4) or (5) of this section or RCW 13.40.127, the court shall not suspend or defer the imposition or the execution of the disposition.

    (9) In no case shall the term of confinement imposed by the court at disposition exceed that to which an adult could be subjected for the same offense.

    Sec. 13.  RCW 13.40.215 and 1997 c 265 s 2 are each amended to read as follows:

    (1)(a) Except as provided in subsection (2) of this section, at the earliest possible date, and in no event later than thirty days before discharge, parole, or any other authorized leave or release, or before transfer to a community residential facility, the secretary shall send written notice of the discharge, parole, authorized leave or release, or transfer of a juvenile found to have committed a violent offense, a sex offense, or stalking, to the following:

    (i) The chief of police of the city, if any, in which the juvenile will reside;

    (ii) The sheriff of the county in which the juvenile will reside; and

    (iii) The approved ((private)) nonpublic schools and the common school district board of directors of the district in which the juvenile intends to reside or the approved ((private)) nonpublic school or public school district in which the juvenile last attended school, whichever is appropriate, except when it has been determined by the department that the juvenile is twenty-one years old; is not required to return to school under chapter 28A.225 RCW; or will be in the community for less than seven consecutive days on approved leave and will not be attending school during that time.

    (b) After July 27, 1997, the department shall send a written notice to approved ((private)) nonpublic and public schools under the same conditions identified in subsection (1)(a)(iii) of this section when a juvenile adjudicated of any offense is transferred to a community residential facility.

    (c) The same notice as required by (a) of this subsection shall be sent to the following, if such notice has been requested in writing about a specific juvenile:

    (i) The victim of the offense for which the juvenile was found to have committed or the victim's next of kin if the crime was a homicide;

    (ii) Any witnesses who testified against the juvenile in any court proceedings involving the offense; and

    (iii) Any person specified in writing by the prosecuting attorney.

Information regarding victims, next of kin, or witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice, and the notice are confidential and shall not be available to the juvenile.  The notice to the chief of police or the sheriff shall include the identity of the juvenile, the residence where the juvenile will reside, the identity of the person, if any, responsible for supervising the juvenile, and the time period of any authorized leave.

    (d) The thirty-day notice requirements contained in this subsection shall not apply to emergency medical furloughs.

    (e) The existence of the notice requirements in this subsection will not require any extension of the release date in the event the release plan changes after notification.

    (2)(a) If a juvenile found to have committed a violent offense, a sex offense, or stalking escapes from a facility of the department, the secretary shall immediately notify, by the most reasonable and expedient means available, the chief of police of the city and the sheriff of the county in which the juvenile resided immediately before the juvenile's arrest.  If previously requested, the secretary shall also notify the witnesses and the victim of the offense which the juvenile was found to have committed or the victim's next of kin if the crime was a homicide.  If the juvenile is recaptured, the secretary shall send notice to the persons designated in this subsection as soon as possible but in no event later than two working days after the department learns of such recapture.

    (b) The secretary may authorize a leave, for a juvenile found to have committed a violent offense, a sex offense, or stalking, which shall not exceed forty-eight hours plus travel time, to meet an emergency situation such as a death or critical illness of a member of the juvenile's family.  The secretary may authorize a leave, which shall not exceed the time medically necessary, to obtain medical care not available in a juvenile facility maintained by the department.  Prior to the commencement of an emergency or medical leave, the secretary shall give notice of the leave to the appropriate law enforcement agency in the jurisdiction in which the juvenile will be during the leave period.  The notice shall include the identity of the juvenile, the time period of the leave, the residence of the juvenile during the leave, and the identity of the person responsible for supervising the juvenile during the leave.  If previously requested, the department shall also notify the witnesses and victim of the offense which the juvenile was found to have committed or the victim's next of kin if the offense was a homicide.

    In case of an emergency or medical leave the secretary may waive all or any portion of the requirements for leaves pursuant to RCW 13.40.205 (2)(a), (3), (4), and (5).

    (3) If the victim, the victim's next of kin, or any witness is under the age of sixteen, the notice required by this section shall be sent to the parents or legal guardian of the child.

    (4) The secretary shall send the notices required by this chapter to the last address provided to the department by the requesting party.  The requesting party shall furnish the department with a current address.

    (5) Upon discharge, parole, or other authorized leave or release, a convicted juvenile sex offender shall not attend a public or approved ((private)) nonpublic elementary, middle, or high school that is attended by a victim or a sibling of a victim of the sex offender.  The parents or legal guardians of the convicted juvenile sex offender shall be responsible for transportation or other costs associated with or required by the sex offender's change in school that otherwise would be paid by a school district.  Upon discharge, parole, or other authorized leave or release of a convicted juvenile sex offender, the secretary shall send written notice of the discharge, parole, or other authorized leave or release and the requirements of this subsection to the common school district board of directors of the district in which the sex offender intends to reside or the district in which the sex offender last attended school, whichever is appropriate.  The secretary shall send a similar notice to any approved ((private)) nonpublic school the juvenile will attend, if known, or if unknown, to the approved ((private)) nonpublic schools within the district the juvenile resides or intends to reside.

    (6) For purposes of this section the following terms have the following meanings:

    (a) "Violent offense" means a violent offense under RCW 9.94A.030;

    (b) "Sex offense" means a sex offense under RCW 9.94A.030;

    (c) "Stalking" means the crime of stalking as defined in RCW 9A.46.110;

    (d) "Next of kin" means a person's spouse, parents, siblings, and children.

    Sec. 14.  RCW 18.29.050 and 1997 c 37 s 1 are each amended to read as follows:

    Any person licensed as a dental hygienist in this state may remove deposits and stains from the surfaces of the teeth, may apply topical preventive or prophylactic agents, may polish and smooth restorations, may perform root planing and soft-tissue curettage, and may perform other dental operations and services delegated to them by a licensed dentist:  PROVIDED HOWEVER, That licensed dental hygienists shall in no event perform the following dental operations or services:

    (1) Any surgical removal of tissue of the oral cavity;

    (2) Any prescription of drugs or medications requiring the written order or prescription of a licensed dentist or physician;

    (3) Any diagnosis for treatment or treatment planning; or

    (4) The taking of any impression of the teeth or jaw, or the relationships of the teeth or jaws, for the purpose of fabricating any intra-oral restoration, appliance, or prosthesis.

    Such licensed dental hygienists may perform dental operations and services only under the supervision of a licensed dentist, and under such supervision may be employed by hospitals, boards of education of public or ((private)) nonpublic schools, county boards, boards of health, or public or charitable institutions, or in dental offices.

    Sec. 15.  RCW 18.71.030 and 1996 c 178 s 4 are each amended to read as follows:

    Nothing in this chapter shall be construed to apply to or interfere in any way with the practice of religion or any kind of treatment by prayer; nor shall anything in this chapter be construed to prohibit:

    (1) The furnishing of medical assistance in cases of emergency requiring immediate attention;

    (2) The domestic administration of family remedies;

    (3) The administration of oral medication of any nature to students by public school district employees or ((private)) nonpublic elementary or secondary school employees as provided for in chapter 28A.210 RCW;

    (4) The practice of dentistry, osteopathic medicine and surgery, nursing, chiropractic, podiatric medicine and surgery, optometry, naturopathy, or any other healing art licensed under the methods or means permitted by such license;

    (5) The practice of medicine in this state by any commissioned medical officer serving in the armed forces of the United States or public health service or any medical officer on duty with the United States veterans administration while such medical officer is engaged in the performance of the duties prescribed for him or her by the laws and regulations of the United States;

    (6) The practice of medicine by any practitioner licensed by another state or territory in which he or she resides, provided that such practitioner shall not open an office or appoint a place of meeting patients or receiving calls within this state;

    (7) The practice of medicine by a person who is a regular student in a school of medicine approved and accredited by the commission, however, the performance of such services be only pursuant to a regular course of instruction or assignments from his or her instructor, or that such services are performed only under the supervision and control of a person licensed pursuant to this chapter;

    (8) The practice of medicine by a person serving a period of postgraduate medical training in a program of clinical medical training sponsored by a college or university in this state or by a hospital accredited in this state, however, the performance of such services shall be only pursuant to his or her duties as a trainee;

    (9) The practice of medicine by a person who is regularly enrolled in a physician assistant program approved by the commission, however, the performance of such services shall be only pursuant to a regular course of instruction in said program and such services are performed only under the supervision and control of a person licensed pursuant to this chapter;

    (10) The practice of medicine by a licensed physician assistant which practice is performed under the supervision and control of a physician licensed pursuant to this chapter;

    (11) The practice of medicine, in any part of this state which shares a common border with Canada and which is surrounded on three sides by water, by a physician licensed to practice medicine and surgery in Canada or any province or territory thereof;

    (12) The administration of nondental anesthesia by a dentist who has completed a residency in anesthesiology at a school of medicine approved by the commission, however, a dentist allowed to administer nondental anesthesia shall do so only under authorization of the patient's attending surgeon, obstetrician, or psychiatrist, and the commission has jurisdiction to discipline a dentist practicing under this exemption and enjoin or suspend such dentist from the practice of nondental anesthesia according to this chapter and chapter 18.130 RCW;

    (13) Emergency lifesaving service rendered by a physician's trained emergency medical service intermediate life support technician and paramedic, as defined in RCW 18.71.200, if the emergency lifesaving service is rendered under the responsible supervision and control of a licensed physician;

    (14) The provision of clean, intermittent bladder catheterization for students by public school district employees or ((private)) nonpublic school employees as provided for in RCW 18.79.290 and 28A.210.280.

    Sec. 16.  RCW 18.79.290 and 1994 sp.s. c 9 s 429 are each amended to read as follows:

    (1) In accordance with rules adopted by the commission, public school districts and ((private)) nonpublic schools that offer classes for any of grades kindergarten through twelve may provide for clean, intermittent bladder catheterization of students or assisted self-catheterization of students who are in the custody of the school district or ((private)) nonpublic school at the time.  After consultation with staff of the superintendent of public instruction, the commission shall adopt rules in accordance with chapter 34.05 RCW, that provide for the following and such other matters as the commission deems necessary to the proper implementation of this section:

    (a) A requirement for a written, current, and unexpired request from a parent, legal guardian, or other person having legal control over the student that the school district or ((private)) nonpublic school provide for the catheterization of the student;

    (b) A requirement for a written, current, and unexpired request from a physician licensed under chapter 18.71 or 18.57 RCW, that catheterization of the student be provided for during the hours when school is in session or the hours when the student is under the supervision of school officials;

    (c) A requirement for written, current, and unexpired instructions from an advanced registered nurse practitioner or a registered nurse licensed under this chapter regarding catheterization that include (i) a designation of the school district or ((private)) nonpublic school employee or employees who may provide for the catheterization, and (ii) a description of the nature and extent of any required supervision; and

    (d) The nature and extent of acceptable training that shall (i) be provided by a physician, advanced registered nurse practitioner, or registered nurse licensed under chapter 18.71 or 18.57 RCW, or this chapter, and (ii) be required of school district or ((private)) nonpublic school employees who provide for the catheterization of a student under this section, except that a licensed practical nurse licensed under this chapter is exempt from training.

    (2) This section does not require school districts to provide intermittent bladder catheterization of students.

    Sec. 17.  RCW 19.142.010 and 1990 c 55 s 1 and 1990 c 33 s 556 are each reenacted and amended to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

    (1) "Business day" means any day except a Sunday or a legal holiday.

    (2) "Buyer" or "member" means a person who purchases health studio services.

    (3) "Health studio" includes any person or entity engaged in the sale of instruction, training, assistance or use of facilities which purport to assist patrons to improve their physical condition or appearance through physical exercise, body building, weight loss, figure development, the martial arts, or any other similar activity.  For the purposes of this chapter, "health studio" does not include:  (a) Public common schools, ((private)) nonpublic schools approved under RCW 28A.195.010, and public or private institutions of higher education; (b) persons providing professional services within the scope of a person's license under Title 18 RCW; (c) bona fide nonprofit organizations which have been granted tax-exempt status by the Internal Revenue Service, the functions of which as health studios are only incidental to their overall functions and purposes; (d) a person or entity which offers physical exercise, body building, figure development or similar activities as incidental features of a plan of instruction or assistance relating to diet or control of eating habits; (e) bona fide nonprofit corporations organized under chapter 24.03 RCW which have members and whose members have meaningful voting rights to elect and remove a board of directors which is responsible for the operation of the health club and corporation; and (f) a preexisting facility primarily offering aerobic classes, where the initiation fee is less than fifty dollars and no memberships are sold which exceed one year in duration.  For purposes of this subsection, "preexisting facility" means an existing building used for health studio services covered by the fees collected.

    (4) "Health studio services" means instruction, services, privileges, or rights offered for sale by a health studio.  "Health studio services" do not include:  (a) Instruction or assistance relating to diet or control of eating habits not involving substantial on-site physical exercise, body building, figure development, or any other similar activity; or (b) recreational or social programs which either involve no physical exercise or exercise only incidental to the program.

    (5) "Initiation or membership fee" means a fee paid either in a lump sum or in installments within twelve months of execution of the health studio services contract on a one-time basis when a person first joins a health studio for the privilege of belonging to the health studio.

    (6) "Special offer or discount" means any offer of health studio services at a reduced price or without charge to a prospective member.

    (7) "Use fees or dues" means fees paid on a regular periodic basis for use of a health studio.  This does not preclude prepayment of use fees at the buyer's option.

    Sec. 18.  RCW 26.09.225 and 1991 sp.s. c 28 s 3 are each amended to read as follows:

    (1) Each parent shall have full and equal access to the education and health care records of the child absent a court order to the contrary.  Neither parent may veto the access requested by the other parent.

    (2) Educational records are limited to academic, attendance, and disciplinary records of public and ((private)) nonpublic schools in all grades kindergarten through twelve and any form of alternative school for all periods for which child support is paid or the child is the dependent in fact of the parent requesting access to the records.

    (3) Educational records of postsecondary educational institutions are limited to enrollment and academic records necessary to determine, establish, or continue support ordered pursuant to RCW 26.19.090.

    Sec. 19.  RCW 28A.150.350 and 1990 c 33 s 112 are each amended to read as follows:

    (1) For purposes of this section, the following definitions shall apply:

    (a) "((Private)) Nonpublic school student" shall mean any student enrolled full time in a ((private)) nonpublic school;

    (b) "School" shall mean any primary, secondary or vocational school;

    (c) "School funding authority" shall mean any nonfederal governmental authority which provides moneys to common schools;

    (d) "Part time student" shall mean and include:  Any student enrolled in a course of instruction in a ((private)) nonpublic school and taking courses at and/or receiving ancillary services offered by any public school not available in such ((private)) nonpublic school; or any student who is not enrolled in a ((private)) nonpublic school and is receiving home-based instruction under RCW 28A.225.010 which instruction includes taking courses at or receiving ancillary services from the local school district or both; or any student involved in any work training program and taking courses in any public school, which work training program is approved by the school board of the district in which such school is located.

    (2) The board of directors of any school district is authorized and, in the same manner as for other public school students, shall permit the enrollment of and provide ancillary services for part time students:  PROVIDED, That this section shall only apply to part time students who would be otherwise eligible for full time enrollment in the school district.

    (3) The superintendent of public instruction shall recognize the costs to each school district occasioned by enrollment of and/or ancillary services provided for part time students authorized by subsection (2) of this section and shall include such costs in the distribution of funds to school districts pursuant to RCW 28A.150.260.  Each school district shall be reimbursed for the costs or a portion thereof, occasioned by attendance of and/or ancillary services provided for part time students on a part time basis, by the superintendent of public instruction, according to law.

    (4) Each school funding authority shall recognize the costs occasioned to each school district by enrollment of and ancillary services provided for part time students authorized by subsection (2) of this section, and shall include said costs in funding the activities of said school districts.

    (5) The superintendent of public instruction is authorized to adopt rules ((and regulations)) to carry out the purposes of RCW 28A.150.260 and 28A.150.350.

    Sec. 20.  RCW 28A.160.020 and 1990 c 33 s 133 are each amended to read as follows:

    Every school district board of directors may authorize children attending a ((private)) nonpublic school approved in accordance with RCW 28A.195.010 to ride a school bus or other student transportation vehicle to and from school so long as the following conditions are met:

    (1) The board of directors shall not be required to alter those bus routes or stops established for transporting public school students;

    (2) ((Private)) Nonpublic school students shall be allowed to ride on a seat-available basis only; and

    (3) The board of directors shall charge an amount sufficient to reimburse the district for the actual per seat cost of providing such transportation.

    Sec. 21.  RCW 28A.160.115 and 1990 c 241 s 11 are each amended to read as follows:

    On highways divided into separate roadways as provided in RCW 46.61.150 and highways with three or more marked traffic lanes, public school district bus routes and ((private)) nonpublic school bus routes shall serve each side of the highway so that students do not have to cross the highway, unless there is a traffic control signal as defined in RCW 46.04.600 or an adult crossing guard within three hundred feet of the bus stop to assist students while crossing such multiple-lane highways.

    Sec. 22.  RCW 28A.170.090 and 1995 c 335 s 205 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 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 prevention and intervention activities.

    (2) The application procedures for grants under this section shall 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 programs by school districts.  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 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)) nonpublic schools.

    (3) School districts receiving grants under this section 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 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 and 28A.170.090.

    Sec. 23.  RCW 28A.195.010 and 1993 c 336 s 1101 are each amended to read as follows:

    The legislature hereby recognizes that ((private)) nonpublic schools should be subject only to those minimum state controls necessary to insure the health and safety of all the students in the state and to insure a sufficient basic education to meet usual graduation requirements.  The state, any agency or official thereof, shall not restrict or dictate any specific educational or other programs for ((private)) nonpublic schools except as ((hereinafter)) provided in this section ((provided)).

    Principals of ((private)) nonpublic schools or superintendents of ((private)) nonpublic school districts shall file each year with the state superintendent of public instruction a statement certifying that the minimum requirements hereinafter set forth are being met, noting any deviations.  After review of the statement, the state superintendent will notify schools or school districts of those deviations which must be corrected.  In case of major deviations, the school or school district may request and the state board of education may grant provisional status for one year in order that the school or school district may take action to meet the requirements.  Minimum requirements shall be as follows:

    (1) The minimum school year for instructional purposes shall consist of no less than one hundred eighty school days or the equivalent in annual minimum program hour offerings as prescribed in RCW 28A.150.220.

    (2) The school day shall be the same as that required in RCW 28A.150.030 and 28A.150.220, except that the percentages of total program hour offerings as prescribed in RCW 28A.150.220 for basic skills, work skills, and optional subjects and activities shall not apply to ((private)) nonpublic schools or ((private)) nonpublic sectarian schools.

    (3) All classroom teachers shall hold appropriate Washington state certification except as follows:

    (a) Teachers for religious courses or courses for which no counterpart exists in public schools shall not be required to obtain a state certificate to teach those courses.

    (b) In exceptional cases, people of unusual competence but without certification may teach students so long as a certified person exercises general supervision.  Annual written statements shall be submitted to the office of the superintendent of public instruction reporting and explaining such circumstances.

    (4) An approved ((private)) nonpublic school may operate an extension program for parents, guardians, or persons having legal custody of a child to teach children in their custody.  The extension program shall require at a minimum that:

    (a) The parent, guardian, or custodian be under the supervision of an employee of the approved ((private)) nonpublic school who is certified under chapter 28A.410 RCW;

    (b) The planning by the certified person and the parent, guardian, or person having legal custody include objectives consistent with this subsection and subsections (1), (2), (5), (6), and (7) of this section;

    (c) The certified person spend a minimum average each month of one contact hour per week with each student under his or her supervision who is enrolled in the approved ((private)) nonpublic school extension program;

    (d) Each student's progress be evaluated by the certified person; and

    (e) The certified employee shall not supervise more than thirty students enrolled in the approved ((private)) nonpublic school's extension program.

    (5) Appropriate measures shall be taken to safeguard all permanent records against loss or damage.

    (6) The physical facilities of the school or district shall be adequate to meet the program offered by the school or district:  PROVIDED, That each school building shall meet reasonable health and fire safety requirements.  However, the state board shall not require ((private)) nonpublic school students to meet the student learning goals, obtain a certificate of mastery to graduate from high school, to master the essential academic learning requirements, or to be assessed pursuant to RCW 28A.630.885.  However, ((private)) nonpublic schools may choose, on a voluntary basis, to have their students master these essential academic learning requirements, take these assessments, and obtain certificates of mastery.  A residential dwelling of the parent, guardian, or custodian shall be deemed to be an adequate physical facility when a parent, guardian, or person having legal custody is instructing his or her child under subsection (4) of this section.

    (7) ((Private)) Nonpublic school curriculum shall include instruction of the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of appreciation of art and music, all in sufficient units for meeting state board of education graduation requirements.

    (8) Each school or school district shall be required to maintain up-to-date policy statements related to the administration and operation of the school or school district.

    All decisions of policy, philosophy, selection of books, teaching material, curriculum, except as provided in subsection (7) ((above provided)) of this section, school rules and administration, or other matters not specifically referred to in this section, shall be the responsibility of the administration and administrators of the particular ((private)) nonpublic school involved.

    Sec. 24.  RCW 28A.195.020 and 1974 ex.s. c 92 s 3 are each amended to read as follows:

    The state recognizes the following rights of every ((private)) nonpublic school:

    (1) To teach their religious beliefs and doctrines, if any; to pray in class and in assemblies; to teach patriotism including requiring students to salute the flag of the United States if that be the custom of the particular ((private)) nonpublic school.

    (2) To require that there shall be on file the written consent of parents or guardians of students prior to the administration of any psychological test or the conduct of any type of group therapy.

    Sec. 25.  RCW 28A.195.030 and 1974 ex.s. c 92 s 4 are each amended to read as follows:

    Any ((private)) nonpublic school may appeal the actions of the state superintendent of public instruction or state board of education as provided in chapter 34.05 RCW.

    Sec. 26.  RCW 28A.195.050 and 1984 c 40 s 1 are each amended to read as follows:

    The superintendent of public instruction is hereby directed to appoint a ((private)) nonpublic school advisory committee that is broadly representative of educators, legislators, and various ((private)) nonpublic school groups in the state of Washington.

    Sec. 27.  RCW 28A.195.060 and 1975 1st ex.s. c 275 s 70 are each amended to read as follows:

    It shall be the duty of the administrative or executive authority of every ((private)) nonpublic school in this state to report to the educational service district superintendent on or before the thirtieth day of June in each year, on a form to be furnished, such information as may be required by the superintendent of public instruction, to make complete the records of education work pertaining to all children residing within the state.

    Sec. 28.  RCW 28A.195.070 and 1997 c 266 s 5 are each amended to read as follows:

    If a student who previously attended an approved ((private)) nonpublic school enrolls in a public school but has not paid tuition, fees, or fines at the approved ((private)) nonpublic school, the approved ((private)) nonpublic school may withhold the student's official transcript, but shall transmit information to the public school about the student's academic performance, special placement, immunization records, and records of disciplinary action.

    Sec. 29.  RCW 28A.200.010 and 1995 c 52 s 1 are each amended to read as follows:

    Each parent whose child is receiving home-based instruction under RCW 28A.225.010(4) shall have the duty to:

    (1) File annually a signed declaration of intent that he or she is planning to cause his or her child to receive home-based instruction.  The statement shall include the name and age of the child, shall specify whether a certificated person will be supervising the instruction, and shall be written in a format prescribed by the superintendent of public instruction.  Each parent shall file the statement by September 15 of the school year or within two weeks of the beginning of any public school quarter, trimester, or semester with the superintendent of the public school district within which the parent resides or the district that accepts the transfer, and the student shall be deemed a transfer student of the nonresident district.  Parents may apply for transfer under RCW 28A.225.220;

    (2) Ensure that test scores or annual academic progress assessments and immunization records, together with any other records that are kept relating to the instructional and educational activities provided, are forwarded to any other public or ((private)) nonpublic school to which the child transfers.  At the time of a transfer to a public school, the superintendent of the local school district in which the child enrolls may require a standardized achievement test to be administered and shall have the authority to determine the appropriate grade and course level placement of the child after consultation with parents and review of the child's records; and

    (3) Ensure that a standardized achievement test approved by the state board of education is administered annually to the child by a qualified individual or that an annual assessment of the student's academic progress is written by a certificated person who is currently working in the field of education.  The state board of education shall not require these children to meet the student learning goals, master the essential academic learning requirements, to take the assessments, or to obtain a certificate of mastery pursuant to RCW 28A.630.885.  The standardized test administered or the annual academic progress assessment written shall be made a part of the child's permanent records.  If, as a result of the annual test or assessment, it is determined that the child is not making reasonable progress consistent with his or her age or stage of development, the parent shall make a good faith effort to remedy any deficiency.

    Failure of a parent to comply with the duties in this section shall be deemed a failure of such parent's child to attend school without valid justification under RCW 28A.225.020.  Parents who do comply with the duties set forth in this section shall be presumed to be providing home-based instruction as set forth in RCW 28A.225.010(4).

    Sec. 30.  RCW 28A.210.070 and 1990 c 33 s 191 are each amended to read as follows:

    As used in RCW 28A.210.060 through 28A.210.170:

    (1) "Chief administrator" shall mean the person with the authority and responsibility for the immediate supervision of the operation of a school or day care center as defined in this section or, in the alternative, such other person as may hereafter be designated in writing for the purposes of RCW 28A.210.060 through 28A.210.170 by the statutory or corporate board of directors of the school district, school, or day care center or, if none, such other persons or person with the authority and responsibility for the general supervision of the operation of the school district, school or day care center.

    (2) "Full immunization" shall mean immunization against certain vaccine-preventable diseases in accordance with schedules and with immunizing agents approved by the state board of health.

    (3) "Local health department" shall mean the city, town, county, district or combined city-county health department, board of health, or health officer which provides public health services.

    (4) "School" shall mean and include each building, facility, and location at or within which any or all portions of a preschool, kindergarten and grades one through twelve program of education and related activities are conducted for two or more children by or in behalf of any public school district and by or in behalf of any ((private)) nonpublic school or ((private)) nonpublic institution subject to approval by the state board of education pursuant to RCW 28A.305.130(6), 28A.195.010 through 28A.195.050, and 28A.410.120.

    (5) "Day care center" shall mean an agency which regularly provides care for a group of thirteen or more children for periods of less than twenty-four hours and is licensed pursuant to chapter 74.15 RCW.

    (6) "Child" shall mean any person, regardless of age, in attendance at a public or ((private)) nonpublic school or a licensed day care center.

    Sec. 31.  RCW 28A.210.080 and 1990 c 33 s 192 are each amended to read as follows:

    The attendance of every child at every public and ((private)) nonpublic school in the state and licensed day care center shall be conditioned upon the presentation before or on each child's first day of attendance at a particular school or center, of proof of either (1) full immunization, (2) the initiation of and compliance with a schedule of immunization, as required by rules of the state board of health, or (3) a certificate of exemption as provided for in RCW 28A.210.090.  The attendance at the school or the day care center during any subsequent school year of a child who has initiated a schedule of immunization shall be conditioned upon the presentation of proof of compliance with the schedule on the child's first day of attendance during the subsequent school year.  Once proof of full immunization or proof of completion of an approved schedule has been presented, no further proof shall be required as a condition to attendance at the particular school or center.

    Sec. 32.  RCW 28A.210.110 and 1991 c 3 s 291 are each amended to read as follows:

    A child's proof of immunization or certification of exemption shall be presented to the chief administrator of the public or ((private)) nonpublic school or day care center or to his or her designee for that purpose.  The chief administrator shall:

    (1) Retain such records pertaining to each child at the school or day care center for at least the period the child is enrolled in the school or attends such center;

    (2) Retain a record at the school or day care center of the name, address, and date of exclusion of each child excluded from school or the center pursuant to RCW 28A.210.120 for not less than three years following the date of a child's exclusion;

    (3) File a written annual report with the department of health on the immunization status of students or children attending the day care center at a time and on forms prescribed by the department of health; and

    (4) Allow agents of state and local health departments access to the records retained in accordance with this section during business hours for the purposes of inspection and copying.

    Sec. 33.  RCW 28A.210.120 and 1990 c 33 s 196 are each amended to read as follows:

    It shall be the duty of the chief administrator of every public and ((private)) nonpublic school and day care center to prohibit the further presence at the school or day care center for any and all purposes of each child for whom proof of immunization, certification of exemption, or proof of compliance with an approved schedule of immunization has not been provided in accordance with RCW 28A.210.080 and to continue to prohibit the child's presence until such proof of immunization, certification of exemption, or approved schedule has been provided.  The exclusion of a child from a school shall be accomplished in accordance with rules of the state board of education.  The exclusion of a child from a day care center shall be accomplished in accordance with rules of the department of social and health services.  Prior to the exclusion of a child, each school or day care center shall provide written notice to the parent(s) or legal guardian(s) of each child or to the adult(s) in loco parentis to each child, who is not in compliance with the requirements of RCW 28A.210.080.  The notice shall fully inform such person(s) of the following:  (1) The requirements established by and pursuant to RCW 28A.210.060 through 28A.210.170; (2) the fact that the child will be prohibited from further attendance at the school unless RCW 28A.210.080 is complied with; (3) such procedural due process rights as are hereafter established pursuant to RCW 28A.210.160 and/or 28A.210.170, as appropriate; and (4) the immunization services that are available from or through the local health department and other public agencies.

    Sec. 34.  RCW 28A.210.160 and 1990 c 33 s 199 are each amended to read as follows:

    The state board of education shall and is hereby empowered to adopt rules pursuant to chapter 34.05 RCW which establish the procedural and substantive due process requirements governing the exclusion of children from public and ((private)) nonpublic schools pursuant to RCW 28A.210.120.

    Sec. 35.  RCW 28A.210.260 and 1994 sp.s. c 9 s 720 are each amended to read as follows:

    Public school districts and ((private)) nonpublic schools which conduct any of grades kindergarten through the twelfth grade may provide for the administration of oral medication of any nature to students who are in the custody of the school district or school at the time of administration, but are not required to do so by this section, subject to the following conditions:

    (1) The board of directors of the public school district or the governing board of the ((private)) nonpublic school or, if none, the chief administrator of the ((private)) nonpublic school shall adopt policies which address the designation of employees who may administer oral medications to students, the acquisition of parent requests and instructions, and the acquisition of dentist and physician requests and instructions regarding students who require medication for more than fifteen consecutive school days, the identification of the medication to be administered, the means of safekeeping medications with special attention given to the safeguarding of legend drugs as defined in chapter 69.41 RCW, and the means of maintaining a record of the administration of such medication;

    (2) The board of directors shall seek advice from one or more licensed physicians or nurses in the course of developing the foregoing policies;

    (3) The public school district or ((private)) nonpublic school is in receipt of a written, current and unexpired request from a parent, or a legal guardian, or other person having legal control over the student to administer the medication to the student;

    (4) The public school district or the ((private)) nonpublic school is in receipt of (a) a written, current and unexpired request from a licensed physician or dentist for administration of the medication, as there exists a valid health reason which makes administration of such medication advisable during the hours when school is in session or the hours in which the student is under the supervision of school officials, and (b) written, current and unexpired instructions from such physician or dentist regarding the administration of prescribed medication to students who require medication for more than fifteen consecutive work days;

    (5) The medication is administered by an employee designated by or pursuant to the policies adopted pursuant to subsection (1) of this section and in substantial compliance with the prescription of a physician or dentist or the written instructions provided pursuant to subsection (4) of this section;

    (6) The medication is first examined by the employee administering the same to determine in his or her judgment that it appears to be in the original container and to be properly labeled; and

    (7) The board of directors shall designate a professional person licensed pursuant to chapter 18.71 RCW or chapter 18.79 RCW as it applies to registered nurses and advanced registered nurse practitioners, to train and supervise the designated school district personnel in proper medication procedures.

    Sec. 36.  RCW 28A.210.270 and 1990 c 33 s 208 are each amended to read as follows:

    (1) In the event a school employee administers oral medication to a student pursuant to RCW 28A.210.260 in substantial compliance with the prescription of the student's physician or dentist or the written instructions provided pursuant to RCW 28A.210.260(4), and the other conditions set forth in RCW 28A.210.260 have been substantially complied with, then the employee, the employee's school district or school of employment, and the members of the governing board and chief administrator thereof shall not be liable in any criminal action or for civil damages in their individual or marital or governmental or corporate or other capacities as a result of the administration of the medication.

    (2) The administration of oral medication to any student pursuant to RCW 28A.210.260 may be discontinued by a public school district or ((private)) nonpublic school and the school district or school, its employees, its chief administrator, and members of its governing board shall not be liable in any criminal action or for civil damages in their governmental or corporate or individual or marital or other capacities as a result of the discontinuance of such administration:  PROVIDED, That the chief administrator of the public school district or ((private)) nonpublic school, or his or her designee, has first provided actual notice orally or in writing in advance of the date of discontinuance to a parent or legal guardian of the student or other person having legal control over the student.

    Sec. 37.  RCW 28A.210.280 and 1994 sp.s. c 9 s 721 are each amended to read as follows:

    (1) Public school districts and ((private)) nonpublic schools that offer classes for any of grades kindergarten through twelve may provide for clean, intermittent bladder catheterization of students, or assisted self-catheterization of students pursuant to RCW 18.79.290, if the catheterization is provided for in substantial compliance with:

    (a) Rules adopted by the state nursing care quality assurance commission and the instructions of a registered nurse or advanced registered nurse practitioner issued under such rules; and

    (b) Written policies of the school district or ((private)) nonpublic school which shall be adopted in order to implement this section and shall be developed in accordance with such requirements of chapters 41.56 and 41.59 RCW as may be applicable.

    (2) This section does not require school districts to provide intermittent bladder catheterization of students.

    Sec. 38.  RCW 28A.210.290 and 1994 sp.s. c 9 s 722 are each amended to read as follows:

    (1) In the event a school employee provides for the catheterization of a student pursuant to RCW 18.79.290 and 28A.210.280 in substantial compliance with (a) rules adopted by the state nursing care quality assurance commission and the instructions of a registered nurse or advanced registered nurse practitioner issued under such rules, and (b) written policies of the school district or ((private)) nonpublic school, then the employee, the employee's school district or school of employment, and the members of the governing board and chief administrator thereof shall not be liable in any criminal action or for civil damages in their individual, marital, governmental, corporate, or other capacity as a result of providing for the catheterization.

    (2) Providing for the catheterization of any student pursuant to RCW 18.79.290 and 28A.210.280 may be discontinued by a public school district or ((private)) nonpublic school and the school district or school, its employees, its chief administrator, and members of its governing board shall not be liable in any criminal action or for civil damages in their individual, marital, governmental, corporate, or other capacity as a result of the discontinuance:  PROVIDED, That the chief administrator of the public school district or ((private)) nonpublic school, or his or her designee, has first provided actual notice orally or in writing in advance of the date of discontinuance to a parent or legal guardian of the student or other person having legal control over the student:  PROVIDED FURTHER, That the public school district otherwise provides for the catheterization of the student to the extent required by federal or state law.

    Sec. 39.  RCW 28A.225.010 and 1998 c 244 s 14 are each amended to read as follows:

    (1) All parents in this state of any child eight years of age and under eighteen years of age shall cause such child to attend the public school of the district in which the child resides and such child shall have the responsibility to and therefore shall attend for the full time when such school may be in session unless:

    (a) The child is attending an approved ((private)) nonpublic school for the same time or is enrolled in an extension program as provided in RCW 28A.195.010(4);

    (b) The child is receiving home-based instruction as provided in subsection (4) of this section;

    (c) The child is attending an education center as provided in chapter 28A.205 RCW;

    (d) The school district superintendent of the district in which the child resides shall have excused such child from attendance because the child is physically or mentally unable to attend school, is attending a residential school operated by the department of social and health services, is incarcerated in an adult correctional facility, or has been temporarily excused upon the request of his or her parents for purposes agreed upon by the school authorities and the parent:  PROVIDED, That such excused absences shall not be permitted if deemed to cause a serious adverse effect upon the student's educational progress:  PROVIDED FURTHER, That students excused for such temporary absences may be claimed as full time equivalent students to the extent they would otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260 and shall not affect school district compliance with the provisions of RCW 28A.150.220; or

    (e) The child is sixteen years of age or older and:

    (i) The child is regularly and lawfully employed and either the parent agrees that the child should not be required to attend school or the child is emancipated in accordance with chapter 13.64 RCW;

    (ii) The child has already met graduation requirements in accordance with state board of education rules ((and regulations)); or

    (iii) The child has received a certificate of educational competence under rules ((and regulations)) established by the state board of education under RCW 28A.305.190.

    (2) A parent for the purpose of this chapter means a parent, guardian, or person having legal custody of a child.

    (3) An approved ((private)) nonpublic school for the purposes of this chapter and chapter 28A.200 RCW shall be one approved under ((regulations)) rules established by the state board of education pursuant to RCW 28A.305.130.

    (4) For the purposes of this chapter and chapter 28A.200 RCW, instruction shall be home-based if it consists of planned and supervised instructional and related educational activities, including a curriculum and instruction in the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of an appreciation of art and music, provided for a number of hours equivalent to the total annual program hours per grade level established for approved ((private)) nonpublic schools under RCW 28A.195.010 and 28A.195.040 and if such activities are:

    (a) Provided by a parent who is instructing his or her child only and are supervised by a certificated person.  A certificated person for purposes of this chapter and chapter 28A.200 RCW shall be a person certified under chapter 28A.410 RCW.  For purposes of this section, "supervised by a certificated person" means:  The planning by the certificated person and the parent of objectives consistent with this subsection; a minimum each month of an average of one contact hour per week with the child being supervised by the certificated person; and evaluation of such child's progress by the certificated person.  The number of children supervised by the certificated person shall not exceed thirty for purposes of this subsection; or

    (b) Provided by a parent who is instructing his or her child only and who has either earned forty-five college level quarter credit hours or its equivalent in semester hours or has completed a course in home-based instruction at a postsecondary institution or a vocational-technical institute; or

    (c) Provided by a parent who is deemed sufficiently qualified to provide home-based instruction by the superintendent of the local school district in which the child resides.

    (5) The legislature recognizes that home-based instruction is less structured and more experiential than the instruction normally provided in a classroom setting.  Therefore, the provisions of subsection (4) of this section relating to the nature and quantity of instructional and related educational activities shall be liberally construed.

    Sec. 40.  RCW 28A.225.090 and 1998 c 296 s 39 are each amended to read as follows:

    (1) A court may order a child subject to a petition under RCW 28A.225.035 to:

    (a) Attend the child's current school;

    (b) If there is space available and the program can provide educational services appropriate for the child, order the child to attend another public school, an alternative education program, center, a skill center, dropout prevention program, or another public educational program;

    (c) Attend a ((private)) nonpublic nonsectarian school or program including an education center.  Before ordering a child to attend an approved or certified ((private)) nonpublic nonsectarian school or program, the court shall:  (i) Consider the public and ((private)) nonpublic programs available; (ii) find that placement is in the best interest of the child; and (iii) find that the ((private)) nonpublic school or program is willing to accept the child and will not charge any fees in addition to those established by contract with the student's school district.  If the court orders the child to enroll in a ((private)) nonpublic school or program, the child's school district shall contract with the school or program to provide educational services for the child.  The school district shall not be required to contract for a weekly rate that exceeds the state general apportionment dollars calculated on a weekly basis generated by the child and received by the district.  A school district shall not be required to enter into a contract that is longer than the remainder of the school year.  A school district shall not be required to enter into or continue a contract if the child is no longer enrolled in the district;

    (d) Be referred to a community truancy board, if available; or

    (e) Submit to testing for the use of controlled substances or alcohol based on a determination that such testing is appropriate to the circumstances and behavior of the child and will facilitate the child's compliance with the mandatory attendance law.

    (2) If the child fails to comply with the court order, the court may order the child to be punished by detention, as provided in RCW 7.21.030(2)(e), or may impose alternatives to detention such as community service.  Failure by a child to comply with an order issued under this subsection shall not be punishable by detention for a period greater than that permitted pursuant to a civil contempt proceeding against a child under chapter 13.32A RCW.

    (3) Any parent violating any of the provisions of either RCW 28A.225.010 or 28A.225.080 shall be fined not more than twenty-five dollars for each day of unexcused absence from school.  It shall be a defense for a parent charged with violating RCW 28A.225.010 to show that he or she exercised reasonable diligence in attempting to cause a child in his or her custody to attend school or that the child's school did not perform its duties as required in RCW 28A.225.020.  The court may order the parent to provide community service instead of imposing a fine.  Any fine imposed pursuant to this section may be suspended upon the condition that a parent charged with violating RCW 28A.225.010 shall participate with the school and the child in a supervised plan for the child's attendance at school or upon condition that the parent attend a conference or conferences scheduled by a school for the purpose of analyzing the causes of a child's absence.

    Sec. 41.  RCW 28A.225.330 and 1997 c 266 s 4 are each amended to read as follows:

    (1) When enrolling a student who has attended school in another school district, the school enrolling the student may request the parent and the student to briefly indicate in writing whether or not the student has:

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

    (b) Any past, current, or pending disciplinary action;

    (c) Any history of violent behavior, or behavior listed in RCW 13.04.155;

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

    (e) Any 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, attendance, immunization records, and academic performance.  If the student has not paid a fine or fee under RCW 28A.635.060, or tuition, fees, or fines at approved ((private)) nonpublic schools the school may withhold the student's official transcript, but shall transmit information about the student's academic performance, special placement, immunization records, and records of disciplinary action.  If the official transcript is not sent due to unpaid tuition, 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 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 within two school days after receiving the request and the records shall be sent as soon as possible.  Any school district or district employee who releases the information in compliance with this section is immune from civil liability for damages unless it is shown that the school district employee acted with gross negligence or in bad faith.  The state board of education shall provide by rule for the discipline under chapter 28A.410 RCW of a school principal or other chief administrator of a public school building who fails to make a good faith effort to assure compliance with this subsection.

    (4) Any school district or district employee who releases the information in compliance with federal and state law is immune from civil liability for damages unless it is shown that the school district or district employee acted with gross negligence or in bad faith.

    Sec. 42.  RCW 28A.300.240 and 1991 c 128 s 11 are each amended to read as follows:

    (1) The superintendent of public instruction shall annually make available to school districts and approved ((private)) nonpublic schools, from data supplied by the secretary of state, the names of international student exchange visitor placement organizations registered under chapter 19.166 RCW to place students in public schools in the state and a summary of the information the organizations have filed with the secretary of state under chapter 19.166 RCW.

    (2) The superintendent shall provide general information and assistance to school districts regarding international student exchange visitors, including, to the extent feasible with available resources, information on the type of visa required for enrollment, how to promote positive educational experiences for visiting exchange students, and how to integrate exchange students into the school environment to benefit the education of both the exchange students and students in the state.

    Sec. 43.  RCW 28A.305.010 and 1992 c 56 s 1 are each amended to read as follows:

    The state board of education shall be comprised of one member from each congressional district of the state, not including any congressional district at large, elected by the members of the boards of directors of school districts thereof, as hereinafter in this chapter provided, the superintendent of public instruction and one member elected at large, as provided in this chapter, by the members of the boards of directors of all ((private)) nonpublic schools in the state meeting the requirements of RCW 28A.195.010.  The member representing ((private)) nonpublic schools shall not vote on matters affecting public schools.  If there is a dispute about whether or not an issue directly affects public schools, the dispute shall be settled by a majority vote of the other members of the board.

    Sec. 44.  RCW 28A.305.020 and 1990 c 33 s 258 are each amended to read as follows:

    Not later than the twenty-fifth day of August of each year, the superintendent of public instruction shall call for the following elections to be held:  An election in each congressional district within which resides a member of the state board of education whose term of membership will end on the second Monday of January next following, and an election of the member of the state board of education representing ((private)) nonpublic schools if the term of membership will end on the second Monday of January next following.  The superintendent of public instruction shall give written notice thereof to each member of the board of directors of each common school district in such congressional district, and to the chair of the board of directors of each ((private)) nonpublic school who shall distribute said notice to each member of the ((private)) nonpublic school board.  Such notice shall include the election calendar and rules ((and regulations)) established by the superintendent of public instruction for the conduct of the election.

    Sec. 45.  RCW 28A.305.040 and 1990 c 33 s 260 are each amended to read as follows:

    (1) Candidates for membership on the state board of education shall file declarations of candidacy with the superintendent of public instruction on forms prepared by the superintendent.  Declarations of candidacy may be filed by person or by mail not earlier than the first day of September, or later than the sixteenth day of September.  The superintendent of public instruction may not accept any declaration of candidacy that is not on file in the superintendent's office or is not postmarked before the seventeenth day of September, or if not postmarked or the postmark is not legible, if received by mail after the twenty-first day of September.  No person employed in any school, college, university, or other educational institution or any educational service district superintendent's office or in the office of superintendent of public instruction shall be eligible for membership on the state board of education and each member elected who is not representative of the ((private)) nonpublic schools in this state and thus not running-at-large must be a resident of the congressional district from which he or she was elected.  No member of a board of directors of a local school district or ((private)) nonpublic school shall continue to serve in that capacity after having been elected to the state board.

    (2) The prohibitions against membership upon the board of directors of a school district or school and against employment, as well as the residence requirement, established by this section, are conditions to the eligibility of state board members to serve as such which apply throughout the terms for which they have been elected or appointed.  Any state board member who hereafter fails to meet one or more of the conditions to eligibility shall be deemed to have immediately forfeited his or her membership upon the board for the balance of his or her term:  PROVIDED, That such a forfeiture of office shall not affect the validity of board actions taken prior to the date of notification to the board during an open public meeting of the violation.

    Sec. 46.  RCW 28A.305.050 and 1990 c 33 s 261 are each amended to read as follows:

    Each member of the board of directors of each school district in each congressional district shall be eligible to vote for the candidates who reside in his or her congressional district.  Each chair of the board of directors of each eligible ((private)) nonpublic school shall cast a vote for the candidate receiving a majority in an election to be held as follows:  Each member of the board of directors of each eligible ((private)) nonpublic school shall vote for candidates representing the ((private)) nonpublic schools in an election of the board, the purpose of which is to determine the board's candidate for the member representing ((private)) nonpublic schools on the state board.  Not later than the first day of October the superintendent of public instruction shall mail to each member of each common school district board of directors and to each chair of the board of directors of each ((private)) nonpublic school, the proper ballot and voting instructions for his or her congressional district together with biographical data concerning each candidate listed on such ballot, which data shall have been prepared by the candidate.

    Sec. 47.  RCW 28A.305.060 and 1990 c 33 s 262 are each amended to read as follows:

    Each member of the state board of education shall be elected by a majority of the electoral points accruing from all the votes cast at the election for all candidates for the position.  All votes shall be cast by mail addressed to the superintendent of public instruction and no votes shall be accepted for counting if postmarked after the sixteenth day of October, or if not postmarked or the postmark is not legible, if received by mail after the twenty-first day of October following the call of the election.  The superintendent of public instruction and an election board comprised of three persons appointed by the state board of education shall count and tally the votes and the electoral points accruing therefrom not later than the twenty-fifth day of October.  The votes shall be counted and tallied and electoral points determined in the following manner for the ballot cast by common school district board directors:  Each vote cast by a school director shall be accorded as many electoral points as there are enrolled students in that director's school district as determined by the enrollment reports forwarded to the state superintendent of public instruction for apportionment purposes for the month of September of the year of election:  PROVIDED, That school directors from a school district which has more than five directors shall have their electoral points based upon enrollment recomputed by multiplying such number by a fraction, the denominator of which shall be the number of directors in such district, and the numerator of which shall be five; the electoral points shall then be tallied for each candidate as the votes are counted; and it shall be the majority of electoral points which determines the winning candidate.  The votes shall be counted and electoral points determined in the following manner for the ballots cast by chairs of the board of directors of each ((private)) nonpublic school:  Each vote cast by a ((private)) nonpublic school board shall be accorded as many electoral points as the number of enrolled students in the respective school as determined by enrollment reports forwarded to the superintendent of public instruction for the month of September in the year previous to the year of election and it shall be the majority of electoral points which determines the winning candidate.  If no candidate receives a majority of the electoral points cast, then, not later than the first day of November, the superintendent of public instruction shall call a second election to be conducted in the same manner and at which the candidates shall be the two candidates receiving the highest number of electoral points accruing from such votes cast.  No vote cast at such second election shall be received for counting if postmarked after the sixteenth day of November, or if not postmarked or the postmark is not legible, if received by mail after the twenty-first day of November and the votes shall be counted as hereinabove provided on the twenty-fifth day of November.  The candidate receiving a majority of electoral points accruing from the votes at any such second election shall be declared elected.  In the event of a tie in such second election, the candidate elected shall be determined by a chance drawing of a nature established by the superintendent of public instruction.  Within ten days following the count of votes in an election at which a member of the state board of education is elected, the superintendent of public instruction shall certify to the secretary of state the name or names of the persons elected to be members of the state board of education.

    Sec. 48.  RCW 28A.305.070 and 1980 c 179 s 6 are each amended to read as follows:

    Any common school district board member or any ((private)) nonpublic school board member eligible to vote for a candidate for membership on the state board of education or any candidate for the position, within ten days after the state superintendent of public instruction's certification of election, may contest the election of the candidate for any of the following causes:

    (1) For malconduct on the part of the state superintendent of public instruction or any member of the election board with respect to such election;

    (2) Because the person whose right is being contested was not eligible for membership on the state board of education at the time the person was certified as elected;

    (3) Because the person whose right is being contested gave a bribe or reward to a voter or to an inspector, judge or clerk of the election for the purpose of procuring the person's election, or offered to do so;

    (4) On account of illegal votes.

    An action contesting an election pursuant to this section shall be conducted in compliance with RCW 29.65.020 and 29.65.040 through 29.65.120, as now or hereafter amended.

    Sec. 49.  RCW 28A.310.180 and 1990 c 33 s 276 are each amended to read as follows:

    In addition to other powers and duties as provided by law, every educational service district board shall:

    (1) Comply with rules ((or regulations)) of the state board of education and the superintendent of public instruction.

    (2) If the district board deems necessary, establish and operate for the schools within the boundaries of the educational service district a depository and distribution center for films, tapes, charts, maps, and other instructional material as recommended by the school district superintendents within the service area of the educational service district:  PROVIDED, That the district may also provide the services of the depository and distribution center to ((private)) nonpublic schools within the district so long as such ((private)) nonpublic schools pay such fees that reflect actual costs for services and the use of instructional materials as may be established by the educational service district board.

    (3) Establish cooperative service programs for school districts within the educational service district and joint purchasing programs for schools within the educational service district pursuant to RCW 28A.320.080(3):  PROVIDED, That on matters relating to cooperative service programs the board and superintendent of the educational service district shall seek the prior advice of the superintendents of local school districts within the educational service district.

    (4) Establish direct student service programs for school districts within the educational service district including pupil transportation.  However, for the provision of state-funded pupil transportation for special education cooperatives programs for special education conducted under RCW 28A.155.010 through 28A.155.100, the educational service district, with the consent of the participating school districts, shall be entitled to receive directly state apportionment funds for that purpose:  PROVIDED, That the board of directors and superintendent of a local school district request the educational service district to perform said service or services:  PROVIDED FURTHER, That the educational service district board of directors and superintendents agree to provide the requested services:  PROVIDED, FURTHER, That the provisions of chapter 39.34 RCW are strictly adhered to:  PROVIDED FURTHER, That the educational service district board of directors may contract with the school for the deaf and the school for the blind to provide transportation services.

    Sec. 50.  RCW 28A.315.050 and 1985 c 385 s 3 are each amended to read as follows:

    Persons possessing the status of any of the following positions shall not be eligible to be a member of a regional committee:  The superintendent of public instruction, a member of the state board of education, an educational service district superintendent, a member of a board of directors of a school district, a member of an educational service district board, a member of a governing board of either a ((private)) nonpublic school or a ((private)) nonpublic school district which conducts any grades kindergarten through twelve, officers appointed by any such governing board, and employees of a school district, an educational service district, the office of the superintendent of public instruction, a ((private)) nonpublic school, or a ((private)) nonpublic school district.

    Sec. 51.  RCW 28A.320.080 and 1995 c 77 s 21 are each amended to read as follows:

    Every board of directors, unless otherwise specifically provided by law, shall:

    (1) Provide for the expenditure of a reasonable amount for suitable commencement exercises;

    (2) In addition to providing free instruction in lip reading for children disabled by defective hearing, make arrangements for free instruction in lip reading to adults disabled by defective hearing whenever in its judgment such instruction appears to be in the best interests of the school district and adults concerned;

    (3) Join with boards of directors of other school districts or an educational service district pursuant to RCW 28A.310.180(3), or both such school districts and educational service district in buying supplies, equipment and services by establishing and maintaining a joint purchasing agency, or otherwise, when deemed for the best interests of the district, any joint agency formed hereunder being herewith authorized and empowered to issue interest bearing warrants in payment of any obligation owed:  PROVIDED, HOWEVER, That those agencies issuing interest bearing warrants shall assign accounts receivable in an amount equal to the amount of the outstanding interest bearing warrants to the county treasurer issuing such interest bearing warrants:  PROVIDED FURTHER, That the joint purchasing agency shall consider the request of any one or more ((private)) nonpublic schools requesting the agency to jointly buy supplies, equipment, and services including but not limited to school bus maintenance services, and, after considering such request, may cooperate with and jointly make purchases with ((private)) nonpublic schools of supplies, equipment, and services, including but not limited to school bus maintenance services, so long as such ((private)) nonpublic schools pay in advance their proportionate share of the costs or provide a surety bond to cover their proportionate share of the costs involved in such purchases;

    (4) Consider the request of any one or more ((private)) nonpublic schools requesting the board to jointly buy supplies, equipment and services including but not limited to school bus maintenance services, and, after considering such request, may provide such joint purchasing services:  PROVIDED, That such ((private)) nonpublic schools pay in advance their proportionate share of the costs or provide a surety bond to cover their proportionate share of the costs involved in such purchases; and

    (5) Prepare budgets as provided for in chapter 28A.505 RCW.

    Sec. 52.  RCW 28A.320.130 and 1993 c 347 s 2 are each amended to read as follows:

    Each school district and each ((private)) nonpublic school approved under chapter 28A.195 RCW shall report to the superintendent of public instruction by January 31st of each year all known incidents involving the possession of weapons on school premises, on transportation systems, or in areas of facilities while being used exclusively by public or ((private)) nonpublic schools, in violation of RCW 9.41.280 in the year preceding the report.  The superintendent shall compile the data and report it to the house of representatives, the senate, and the governor.

    Sec. 53.  RCW 28A.335.040 and 1991 c 116 s 12 are each amended to read as follows:

    (1) Every school district board of directors is authorized to permit the rental, lease, or occasional use of all or any portion of any surplus real property owned or lawfully held by the district to any person, corporation, or government entity for profit or nonprofit, commercial or noncommercial purposes:  PROVIDED, That the leasing or renting or use of such property is for a lawful purpose and does not interfere with conduct of the district's educational program and related activities:  PROVIDED FURTHER, That the lease or rental agreement entered into shall include provisions which permit the recapture of the leased or rented surplus property of the district should such property be needed for school purposes in the future except in such cases where, due to proximity to an international airport, land use has been so permanently altered as to preclude the possible use of the property for a school housing students and the school property has been heavily impacted by surrounding land uses so that a school housing students would no longer be appropriate in that area.

    (2) Authorization to rent, lease or permit the occasional use of surplus school property under this section, RCW 28A.335.050 and 28A.335.090 is conditioned on the establishment by each school district board of directors of a policy governing the use of surplus school property.

    (3) The board of directors of any school district desiring to rent or lease any surplus real property owned by the school district shall publish a written notice in a newspaper of general circulation in the school district for rentals or leases totalling ten thousand dollars or more in value.  School districts shall not rent or lease the property for at least forty-five days following the publication of the newspaper notice.

    (4) ((Private)) Nonpublic schools shall have the same rights as any other person or entity to submit bids for the rental or lease of surplus real property and to have such bids considered along with all other bids:  PROVIDED, That the school board may establish reasonable conditions for the use of such real property to assure the safe and proper operation of the property in a manner consistent with board policies.

    Sec. 54.  RCW 28A.335.120 and 1995 c 358 s 2 are each amended to read as follows:

    (1) The board of directors of any school district of this state may:

    (a) Sell for cash, at public or private sale, and convey by deed all interest of the district in or to any of the real property of the district which is no longer required for school purposes; and

    (b) Purchase real property for the purpose of locating thereon and affixing thereto any house or houses and appurtenant buildings removed from school sites owned by the district and sell for cash, at public or private sale, and convey by deed all interest of the district in or to such acquired and improved real property.

    (2) When the board of directors of any school district proposes a sale of school district real property pursuant to this section and the value of the property exceeds seventy thousand dollars, the board shall publish a notice of its intention to sell the property.  The notice shall be published at least once each week during two consecutive weeks in a legal newspaper with a general circulation in the area in which the school district is located.  The notice shall describe the property to be sold and designate the place where and the day and hour when a hearing will be held.  The board shall hold a public hearing upon the proposal to dispose of the school district property at the place and the day and hour fixed in the notice and admit evidence offered for and against the propriety and advisability of the proposed sale.

    (3) The board of directors of any school district desiring to sell surplus real property shall publish a notice in a newspaper of general circulation in the school district.  School districts shall not sell the property for at least forty-five days following the publication of the newspaper notice.

    (4) ((Private)) Nonpublic schools shall have the same rights as any other person or entity to submit bids for the purchase of surplus real property and to have such bids considered along with all other bids.

    (5) Any sale of school district real property authorized pursuant to this section shall be preceded by a market value appraisal by a professionally designated real estate appraiser as defined in RCW 74.46.020 selected by the board of directors and no sale shall take place if the sale price would be less than ninety percent of the appraisal made by the professionally designated real estate appraiser:  PROVIDED, That if the property has been on the market for one year or more the property may be reappraised and sold for not less than seventy-five percent of the reappraised value with the unanimous consent of the board.

    (6) If in the judgment of the board of directors of any district the sale of real property of the district not needed for school purposes would be facilitated and greater value realized through use of the services of licensed real estate brokers, a contract for such services may be negotiated and concluded:  PROVIDED, That the use of a licensed real estate broker will not eliminate the obligation of the board of directors to provide the notice described in this section:  PROVIDED FURTHER, That the fee or commissions charged for any broker services shall not exceed seven percent of the resulting sale value for a single parcel:  PROVIDED FURTHER, That any professionally designated real estate appraiser as defined in RCW 74.46.020 selected by the board to appraise the market value of a parcel of property to be sold may not be a party to any contract with the school district to sell such parcel of property for a period of three years after the appraisal.

    (7) If in the judgment of the board of directors of any district the sale of real property of the district not needed for school purposes would be facilitated and greater value realized through sale on contract terms, a real estate sales contract may be executed between the district and buyer:  PROVIDED, That the terms and conditions of any such sales contract must comply with rules ((and regulations)) of the state board of education, ((herein)) authorized in this section, governing school district real property contract sales.

    Sec. 55.  RCW 28A.335.180 and 1997 c 264 s 1 and 1997 c 104 s 1 are each reenacted and amended to read as follows:

    (1) Notwithstanding any other provision of law, school districts, educational service districts, or any other state or local governmental agency concerned with education, when declaring texts and other books, equipment, materials or relocatable facilities as surplus, shall, prior to other disposal thereof, serve notice in writing in a newspaper of general circulation in the school district and to any public school district or ((private)) nonpublic school in Washington state annually requesting such a notice, that the same is available for sale, rent, or lease to public school districts or approved ((private)) nonpublic schools, at depreciated cost or fair market value, whichever is greater:  PROVIDED, That students wishing to purchase texts pursuant to RCW 28A.320.230(2) shall have priority as to such texts.  The notice requirement in this section does not apply to the sale or transfer of assistive devices under RCW 28A.335.205 or chapter 72.40 RCW.  Such districts or agencies shall not otherwise sell, rent or lease such surplus property to any person, firm, organization, or nongovernmental agency for at least thirty days following publication of notice in a newspaper of general circulation in the school district.

    (2) In lieu of complying with subsection (1) of this section, school districts and educational service districts may elect to grant surplus personal property to a federal, state, or local governmental entity, or to indigent persons, at no cost on the condition the property be used for preschool through twelfth grade educational purposes, or elect to loan surplus personal property to a nonreligious, nonsectarian ((private)) nonpublic entity on the condition the property be used for the preschool through twelfth grade education of members of the public on a nondiscriminatory basis.

    Sec. 56.  RCW 28A.410.090 and 1996 c 126 s 2 are each amended to read as follows:

    (1) Any certificate or permit authorized under the provisions of this chapter, chapter 28A.405 RCW, or rules promulgated thereunder may be revoked or suspended by the authority authorized to grant the same based upon a criminal records report authorized by law, or upon the complaint of any school district superintendent, educational service district superintendent, or ((private)) nonpublic school administrator for immorality, violation of written contract, unprofessional conduct, intemperance, or crime against the law of the state.

    If the superintendent of public instruction has reasonable cause to believe that an alleged violation of this chapter or rules adopted under it has occurred, but no complaint has been filed pursuant to this chapter, and that a school district superintendent, educational service district superintendent, or ((private)) nonpublic school administrator has sufficient notice of the alleged violation and opportunity to file a complaint, the superintendent of public instruction may cause an investigation to be made of the alleged violation, together with such other matters that may be disclosed in the course of the investigation related to certificated personnel.

    (2) Any such certificate or permit authorized under this chapter or chapter 28A.405 RCW shall be revoked by the authority authorized to grant the certificate upon a guilty plea or the conviction of any felony crime involving the physical neglect of a child under chapter 9A.42 RCW, the physical injury or death of a child under chapter 9A.32 or 9A.36 RCW (excepting motor vehicle violations under chapter 46.61 RCW), sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor under chapter 9A.88 RCW, the sale or purchase of a minor child under RCW 9A.64.030, or violation of similar laws of another jurisdiction.  The person whose certificate is in question shall be given an opportunity to be heard.  Mandatory permanent revocation upon a guilty plea or the conviction of felony crimes specified under this subsection shall apply to such convictions or guilty pleas which occur after July 23, 1989.  Revocation of any certificate or permit authorized under this chapter or chapter 28A.405 RCW for a guilty plea or criminal conviction occurring prior to July 23, 1989, shall be subject to the provisions of subsection (1) of this section.

    Sec. 57.  RCW 28D.02.010 and 1996 c 137 s 2 are each amended to read as follows:

    (1) The K-20 telecommunications oversight and policy committee is established to:  Adopt policy goals and objectives for a K-20 telecommunications system, adopt a network design and implementation plan, and authorize release of funds for network purposes.

    (2) The duties of the committee shall include, but need not be limited to:

    (a) The adoption of system goals and objectives and timelines for submission of the proposed plans under RCW 28D.02.030 through 28D.02.050 and 28D.02.070 by June 1, 1996;

    (b) The authorization of the construction and acquisition of a network backbone upon its approval of phase one of a technical plan for the network as specified in RCW 28D.02.070(1);

    (c) The preparation and subsequent updates of a network design and implementation plan that includes locations to be served by the network, service delivery specifications, a network governance structure, other appropriate components, and a phased technical plan in accordance with RCW 28D.02.070(2).  The plan shall be adopted after considering the recommendations of the information services board, the higher education coordinating board, and the superintendent of public instruction;

    (d) The preparation of an implementation plan that prioritizes access to the network backbone and other telecommunication components; and

    (e) The authorization of the release of funds for expenditures to construct the network and distance education components.

    (3) By April 15, 1996, the department of information services shall convene the committee.  The committee shall include the following voting members or their designees:  The governor; one member from each caucus of the senate, appointed by the president of the senate; one member from each caucus of the house of representatives, appointed by the speaker of the house of representatives; the superintendent of public instruction; the chair of the higher education coordinating board; and the chair of the information services board.  On a nonvoting basis, the committee shall include the following members or their designees:  One community college or technical college president, appointed by the state board for community and technical colleges; one president of a public baccalaureate institution, appointed by the council of presidents; the state librarian; one educational service district superintendent, one school district superintendent, and one representative of an approved ((private)) nonpublic school, each appointed by the superintendent of public instruction; one representative of independent nonprofit baccalaureate institutions, appointed by the Washington friends of higher education; and one representative of the computer or telecommunications industry, appointed by the information services board.  The voting members must reach a consensus in approving the network design and implementation plan.  The department shall provide staff support to the committee.

    Sec. 58.  RCW 35.58.250 and 1965 c 7 s 35.58.250 are each amended to read as follows:

    Except in accordance with an agreement made as provided herein, upon the effective date on which the metropolitan municipal corporation commences to perform the metropolitan transportation function, no person or private corporation shall operate a local public passenger transportation service within the metropolitan area with the exception of taxis, busses owned or operated by a school district or ((private)) nonpublic school, and busses owned or operated by any corporation or organization solely for the purposes of the corporation or organization and for the use of which no fee or fare is charged.

    An agreement may be entered into between the metropolitan municipal corporation and any person or corporation legally operating a local public passenger transportation service wholly within or partly within and partly without the metropolitan area and on said effective date under which such person or corporation may continue to operate such service or any part thereof for such time and upon such terms and conditions as provided in such agreement.  Where any such local public passenger transportation service will be required to cease to operate within the metropolitan area, the commission may agree with the owner of such service to purchase the assets used in providing such service, or if no agreement can be reached, the commission shall condemn such assets in the manner provided herein for the condemnation of other properties.

    Wherever a privately owned public carrier operates wholly or partly within a metropolitan municipal corporation, the Washington utilities and transportation commission shall continue to exercise jurisdiction over such operation as provided by law.

    Sec. 59.  RCW 36.57A.100 and 1977 ex.s. c 44 s 4 are each amended to read as follows:

    Except in accordance with an agreement made as provided in this section or in accordance with the provisions of RCW 36.57A.090(3) as now or hereafter amended, upon the effective date on which the public transportation benefit area commences to perform the public transportation service, no person or private corporation shall operate a local public passenger transportation service within the public transportation benefit area with the exception of taxis, buses owned or operated by a school district or ((private)) nonpublic school, and buses owned or operated by any corporation or organization solely for the purposes of the corporation or organization and for the use of which no fee or fare is charged.

    An agreement may be entered into between the public transportation benefit area authority and any person or corporation legally operating a local public passenger transportation service wholly within or partly within and partly without the public transportation benefit area and on said effective date under which such person or corporation may continue to operate such service or any part thereof for such time and upon such terms and conditions as provided in such agreement.  Such agreement shall provide for a periodic review of the terms and conditions contained therein.  Where any such local public passenger transportation service will be required to cease to operate within the public transportation benefit area, the public transportation benefit area authority may agree with the owner of such service to purchase the assets used in providing such service, or if no agreement can be reached, the public transportation benefit area authority shall condemn such assets in the manner and by the same procedure as is or may be provided by law for the condemnation of other properties for cities of the first class, except insofar as such laws may be inconsistent with the provisions of this chapter.

    Wherever a privately owned public carrier operates wholly or partly within a public transportation benefit area, the Washington utilities and transportation commission shall continue to exercise jurisdiction over such operation as provided by law.

    Sec. 60.  RCW 46.04.521 and 1995 c 141 s 1 are each amended to read as follows:

    School bus means every motor vehicle used regularly to transport children to and from school or in connection with school activities, which is subject to the requirements set forth in the most recent edition of "Specifications for School Buses" published by the state superintendent of public instruction, but does not include buses operated by common carriers in urban transportation of school children or private carrier buses operated as school buses in the transportation of children to and from ((private)) nonpublic schools or school activities.

    Sec. 61.  RCW 46.16.035 and 1990 c 33 s 584 are each amended to read as follows:

    Any bus or vehicle owned and operated by a ((private)) nonpublic school or schools meeting the requirements of RCW 28A.195.010 and used by that school or schools primarily to transport children to and from school or to transport children in connection with school activities shall be exempt from the payment of license fees for the licensing thereof as in this chapter provided.  A license issued by the department for such bus or vehicle shall be considered an exempt license under RCW 82.44.010.

    Sec. 62.  RCW 46.37.193 and 1997 c 80 s 3 are each amended to read as follows:

    Every school bus and private carrier bus, in addition to any other equipment or distinctive markings required by this chapter, shall bear upon the front and rear thereof, above the windows thereof, plainly visible signs containing only the words "school bus" on a school bus and only the words "private carrier bus" on a private carrier bus in letters not less than eight inches in height, and in addition shall be equipped with visual signals meeting the requirements of RCW 46.37.190.  School districts may affix signs designed according to RCW 46.61.380 informing motorists of the monetary penalty for failure to stop for a school bus when the visual signals are activated.

    However, a private carrier bus that regularly transports children to and from a ((private)) nonpublic school or in connection with school activities may display the words "school bus" in a manner provided in this section and need not comply with the requirements set forth in the most recent edition of "Specifications for School Buses" published by the superintendent of public instruction.

    Sec. 63.  RCW 46.37.630 and 1995 c 141 s 3 are each amended to read as follows:

    A ((private)) nonpublic school bus is subject to the requirements set forth in the National Standards for School Buses established by the national safety council in effect at the time of the bus manufacture, as adopted by rule by reference by the chief of the Washington state patrol.  A ((private)) nonpublic school bus manufactured before 1980 must meet the minimum standards set forth in the 1980 edition of the National Standards for School Buses.

    Sec. 64.  RCW 46.61.385 and 1990 c 33 s 585 are each amended to read as follows:

    The superintendent of public instruction, through the superintendent of schools of any school district, or other officer or board performing like functions with respect to the schools of any other educational administrative district, may cause to be appointed voluntary adult recruits as supervisors and, from the student body of any public or ((private)) nonpublic school or institution of learning, students, who shall be known as members of the "school patrol" and who shall serve without compensation and at the pleasure of the authority making the appointment.

    The members of such school patrol shall wear an appropriate designation or insignia identifying them as members of the school patrol when in performance of their duties, and they may display "stop" or other proper traffic directional signs or signals at school crossings or other points where school children are crossing or about to cross a public highway, but members of the school patrol and their supervisors shall be subordinate to and obey the orders of any peace officer present and having jurisdiction.

    School districts, at their discretion, may hire sufficient numbers of adults to serve as supervisors.  Such adults shall be subordinate to and obey the orders of any peace officer present and having jurisdiction.

    Any school district having a school patrol may purchase uniforms and other appropriate insignia, traffic signs and other appropriate materials, all to be used by members of such school patrol while in performance of their duties, and may pay for the same out of the general fund of the district.

    It shall be unlawful for the operator of any vehicle to fail to stop his vehicle when directed to do so by a school patrol sign or signal displayed by a member of the school patrol engaged in the performance of his duty and wearing or displaying appropriate insignia, and it shall further be unlawful for the operator of a vehicle to disregard any other reasonable directions of a member of the school patrol when acting in performance of his duties as such.

    School districts may expend funds from the general fund of the district to pay premiums for life and accident policies covering the members of the school patrol in their district while engaged in the performance of their school patrol duties.

    Members of the school patrol shall be considered as employees for the purposes of RCW 28A.400.370.

    Sec. 65.  RCW 66.24.010 and 1998 c 126 s 2 are each amended to read as follows:

    (1) Every license shall be issued in the name of the applicant, and the holder thereof shall not allow any other person to use the license.

    (2) For the purpose of considering any application for a license, the board may cause an inspection of the premises to be made, and may inquire into all matters in connection with the construction and operation of the premises.  For the purpose of reviewing any application for a license and for considering the denial, suspension or revocation of any license, the liquor control board may consider any prior criminal conduct of the applicant and the provisions of RCW 9.95.240 and of chapter 9.96A RCW shall not apply to such cases.  The board may, in its discretion, grant or refuse the license applied for.  Authority to approve an uncontested or unopposed license may be granted by the board to any staff member the board designates in writing.  Conditions for granting such authority shall be adopted by rule.  No retail license of any kind may be issued to:

    (a) A person who has not resided in the state for at least one month prior to making application, except in cases of licenses issued to dining places on railroads, boats, or aircraft;

    (b) A copartnership, unless all of the members thereof are qualified to obtain a license, as provided in this section;

    (c) A person whose place of business is conducted by a manager or agent, unless such manager or agent possesses the same qualifications required of the licensee;

    (d) A corporation or a limited liability company, unless it was created under the laws of the state of Washington or holds a certificate of authority to transact business in the state of Washington.

    (3)(a) The board may, in its discretion, subject to the provisions of RCW 66.08.150, suspend or cancel any license; and all rights of the licensee to keep or sell liquor thereunder shall be suspended or terminated, as the case may be.

    (b) The board shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order.  If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the board's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.

    (c) The board may request the appointment of administrative law judges under chapter 34.12 RCW who shall have power to administer oaths, issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents, and testimony, examine witnesses, and to receive testimony in any inquiry, investigation, hearing, or proceeding in any part of the state, under such rules ((and regulations)) as the board may adopt.

    (d) Witnesses shall be allowed fees and mileage each way to and from any such inquiry, investigation, hearing, or proceeding at the rate authorized by RCW 34.05.446, as now or hereafter amended.  Fees need not be paid in advance of appearance of witnesses to testify or to produce books, records, or other legal evidence.

    (e) In case of disobedience of any person to comply with the order of the board or a subpoena issued by the board, or any of its members, or administrative law judges, or on the refusal of a witness to testify to any matter regarding which he or she may be lawfully interrogated, the judge of the superior court of the county in which the person resides, on application of any member of the board or administrative law judge, shall compel obedience by contempt proceedings, as in the case of disobedience of the requirements of a subpoena issued from said court or a refusal to testify therein.

    (4) Upon receipt of notice of the suspension or cancellation of a license, the licensee shall forthwith deliver up the license to the board.  Where the license has been suspended only, the board shall return the license to the licensee at the expiration or termination of the period of suspension.  The board shall notify all vendors in the city or place where the licensee has its premises of the suspension or cancellation of the license; and no employee may allow or cause any liquor to be delivered to or for any person at the premises of that licensee.

    (5)(a) At the time of the original issuance of a spirits, beer, and wine restaurant license, the board shall prorate the license fee charged to the new licensee according to the number of calendar quarters, or portion thereof, remaining until the first renewal of that license is required.

    (b) Unless sooner canceled, every license issued by the board shall expire at midnight of the thirtieth day of June of the fiscal year for which it was issued.  However, if the board deems it feasible and desirable to do so, it may establish, by rule pursuant to chapter 34.05 RCW, a system for staggering the annual renewal dates for any and all licenses authorized by this chapter.  If such a system of staggered annual renewal dates is established by the board, the license fees provided by this chapter shall be appropriately prorated during the first year that the system is in effect.

    (6) Every license issued under this section shall be subject to all conditions and restrictions imposed by this title or by the ((regulations)) rules in force from time to time.  All conditions and restrictions imposed by the board in the issuance of an individual license shall be listed on the face of the individual license along with the trade name, address, and expiration date.

    (7) Every licensee shall post and keep posted its license, or licenses, in a conspicuous place on the premises.

    (8) Before the board shall issue a license to an applicant it shall give notice of such application to the chief executive officer of the incorporated city or town, if the application be for a license within an incorporated city or town, or to the county legislative authority, if the application be for a license outside the boundaries of incorporated cities or towns; and such incorporated city or town, through the official or employee selected by it, or the county legislative authority or the official or employee selected by it, shall have the right to file with the board within twenty days after date of transmittal of such notice, written objections against the applicant or against the premises for which the license is asked, and shall include with such objections a statement of all facts upon which such objections are based, and in case written objections are filed, may request and the liquor control board may in its discretion hold a formal hearing subject to the applicable provisions of Title 34 RCW.  Upon the granting of a license under this title the board shall send a duplicate of the license or written notification to the chief executive officer of the incorporated city or town in which the license is granted, or to the county legislative authority if the license is granted outside the boundaries of incorporated cities or towns.

    (9) Before the board issues any license to any applicant, it shall give (a) due consideration to the location of the business to be conducted under such license with respect to the proximity of churches, schools, and public institutions and (b) written notice by certified mail of the application to churches, schools, and public institutions within five hundred feet of the premises to be licensed.  The board shall issue no beer retailer license for either on-premises or off-premises consumption or wine retailer license for either on-premises or off-premises consumption or spirits, beer, and wine restaurant license covering any premises not now licensed, if such premises are within five hundred feet of the premises of any tax-supported public elementary or secondary school measured along the most direct route over or across established public walks, streets, or other public passageway from the outer property line of the school grounds to the nearest public entrance of the premises proposed for license, and if, after receipt by the school or public institution of the notice as provided in this subsection, the board receives written notice, within twenty days after posting such notice, from an official representative or representatives of the school within five hundred feet of said proposed licensed premises, indicating to the board that there is an objection to the issuance of such license because of proximity to a school.  For the purpose of this section, church shall mean a building erected for and used exclusively for religious worship and schooling or other activity in connection therewith.  No liquor license may be issued or reissued by the board to any motor sports facility or licensee operating within the motor sports facility unless the motor sports facility enforces a program reasonably calculated to prevent alcohol or alcoholic beverages not purchased within the facility from entering the facility and such program is approved by local law enforcement agencies.  It is the intent under this subsection that a retail license shall not be issued by the board where doing so would, in the judgment of the board, adversely affect a ((private)) nonpublic school meeting the requirements for ((private)) nonpublic schools under Title 28A RCW, which school is within five hundred feet of the proposed licensee.  The board shall fully consider and give substantial weight to objections filed by ((private)) nonpublic schools.  If a license is issued despite the proximity of a ((private)) nonpublic school, the board shall state in a letter addressed to the ((private)) nonpublic school the board's reasons for issuing the license.

    (10) The restrictions set forth in subsection (9) of this section shall not prohibit the board from authorizing the assumption of existing licenses now located within the restricted area by other persons or licenses or relocations of existing licensed premises within the restricted area.  In no case may the licensed premises be moved closer to a church or school than it was before the assumption or relocation.

    (11) Nothing in this section prohibits the board, in its discretion, from issuing a temporary retail or distributor license to an applicant assuming an existing retail or distributor license to continue the operation of the retail or distributor premises during the period the application for the license is pending and when the following conditions exist:

    (a) The licensed premises has been operated under a retail or distributor license within ninety days of the date of filing the application for a temporary license;

    (b) The retail or distributor license for the premises has been surrendered pursuant to issuance of a temporary operating license;

    (c) The applicant for the temporary license has filed with the board an application to assume the retail or distributor license at such premises to himself or herself; and

    (d) The application for a temporary license is accompanied by a temporary license fee established by the board by rule.

    A temporary license issued by the board under this section shall be for a period not to exceed sixty days.  A temporary license may be extended at the discretion of the board for an additional sixty-day period upon payment of an additional fee and upon compliance with all conditions required in this section.

    Refusal by the board to issue or extend a temporary license shall not entitle the applicant to request a hearing.  A temporary license may be canceled or suspended summarily at any time if the board determines that good cause for cancellation or suspension exists.  RCW 66.08.130 and chapter 34.05 RCW shall apply to temporary licenses.

    Application for a temporary license shall be on such form as the board shall prescribe.  If an application for a temporary license is withdrawn before issuance or is refused by the board, the fee which accompanied such application shall be refunded in full.

    Sec. 66.  RCW 69.50.435 and 1997 c 30 s 2 and 1997 c 23 s 1 are each reenacted and amended to read as follows:

    (a) Any person who violates RCW 69.50.401(a) by manufacturing, selling, delivering, or possessing with the intent to manufacture, sell, or deliver a controlled substance listed under that subsection or who violates RCW 69.50.410 by selling for profit any controlled substance or counterfeit substance classified in schedule I, RCW 69.50.204, except leaves and flowering tops of marihuana to a person:

    (1) In a school;

    (2) On a school bus;

    (3) Within one thousand feet of a school bus route stop designated by the school district;

    (4) Within one thousand feet of the perimeter of the school grounds;

    (5) In a public park;

    (6) In a public housing project designated by a local governing authority as a drug-free zone;

    (7) On a public transit vehicle;

    (8) In a public transit stop shelter;

    (9) At a civic center designated as a drug-free zone by the local governing authority; or

    (10) Within one thousand feet of the perimeter of a facility designated under (9) of this subsection, if the local governing authority specifically designates the one thousand foot perimeter

may be punished by a fine of up to twice the fine otherwise authorized by this chapter, but not including twice the fine authorized by RCW 69.50.406, or by imprisonment of up to twice the imprisonment otherwise authorized by this chapter, but not including twice the imprisonment authorized by RCW 69.50.406, or by both such fine and imprisonment.  The provisions of this section shall not operate to more than double the fine or imprisonment otherwise authorized by this chapter for an offense.

    (b) It is not a defense to a prosecution for a violation of this section that the person was unaware that the prohibited conduct took place while in a school or school bus or within one thousand feet of the school or school bus route stop, in a public park, in a public housing project designated by a local governing authority as a drug-free zone, on a public transit vehicle, in a public transit stop shelter, at a civic center designated as a drug-free zone by the local governing authority, or within one thousand feet of the perimeter of a facility designated under subsection (a)(9) of this section, if the local governing authority specifically designates the one thousand foot perimeter.

    (c) It is not a defense to a prosecution for a violation of this section or any other prosecution under this chapter that persons under the age of eighteen were not present in the school, the school bus, the public park, the public housing project designated by a local governing authority as a drug-free zone, or the public transit vehicle, or at the school bus route stop, the public transit vehicle stop shelter, at a civic center designated as a drug-free zone by the local governing authority, or within one thousand feet of the perimeter of a facility designated under subsection (a)(9) of this section, if the local governing authority specifically designates the one thousand foot perimeter at the time of the offense or that school was not in session.

    (d) It is an affirmative defense to a prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence, that no person under eighteen years of age or younger was present in such private residence at any time during the commission of the offense, and that the prohibited conduct did not involve delivering, manufacturing, selling, or possessing with the intent to manufacture, sell, or deliver any controlled substance in RCW 69.50.401(a) for profit.  The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence.  This section shall not be construed to establish an affirmative defense with respect to a prosecution for an offense defined in any other section of this chapter.

    (e) In a prosecution under this section, a map produced or reproduced by any municipality, school district, county, transit authority engineer, or public housing authority for the purpose of depicting the location and boundaries of the area on or within one thousand feet of any property used for a school, school bus route stop, public park, public housing project designated by a local governing authority as a drug-free zone, public transit vehicle stop shelter, or a civic center designated as a drug-free zone by a local governing authority, or a true copy of such a map, shall under proper authentication, be admissible and shall constitute prima facie evidence of the location and boundaries of those areas if the governing body of the municipality, school district, county, or transit authority has adopted a resolution or ordinance approving the map as the official location and record of the location and boundaries of the area on or within one thousand feet of the school, school bus route stop, public park, public housing project designated by a local governing authority as a drug-free zone, public transit vehicle stop shelter, or civic center designated as a drug-free zone by a local governing authority.  Any map approved under this section or a true copy of the map shall be filed with the clerk of the municipality or county, and shall be maintained as an official record of the municipality or county.  This section shall not be construed as precluding the prosecution from introducing or relying upon any other evidence or testimony to establish any element of the offense.  This section shall not be construed as precluding the use or admissibility of any map or diagram other than the one which has been approved by the governing body of a municipality, school district, county, transit authority, or public housing authority if the map or diagram is otherwise admissible under court rule.

    (f) As used in this section the following terms have the meanings indicated unless the context clearly requires otherwise:

    (1) "School" has the meaning under RCW 28A.150.010 or 28A.150.020.  The term "school" also includes a ((private)) nonpublic school approved under RCW 28A.195.010;

    (2) "School bus" means a school bus as defined by the superintendent of public instruction by rule which is owned and operated by any school district and all school buses which are privately owned and operated under contract or otherwise with any school district in the state for the transportation of students.  The term does not include buses operated by common carriers in the urban transportation of students such as transportation of students through a municipal transportation system;

    (3) "School bus route stop" means a school bus stop as designated by a school district;

    (4) "Public park" means land, including any facilities or improvements on the land, that is operated as a park by the state or a local government;

    (5) "Public transit vehicle" means any motor vehicle, street car, train, trolley vehicle, or any other device, vessel, or vehicle which is owned or operated by a transit authority and which is used for the purpose of carrying passengers on a regular schedule;

    (6) "Transit authority" means a city, county, or state transportation system, transportation authority, public transportation benefit area, public transit authority, or metropolitan municipal corporation within the state that operates public transit vehicles;

    (7) "Stop shelter" means a passenger shelter designated by a transit authority;

    (8) "Civic center" means a publicly owned or publicly operated place or facility used for recreational, educational, or cultural activities;

    (9) "Public housing project" means the same as "housing project" as defined in RCW 35.82.020.

    Sec. 67.  RCW 71A.14.070 and 1988 c 176 s 307 are each amended to read as follows:

    In order for the developmental disability board to plan, coordinate, and provide required services for persons with developmental disabilities, the county governing authority and the board shall be eligible to obtain such confidential information from public or ((private)) nonpublic schools and the department as is necessary to accomplish the purposes of this chapter.  Such information shall be kept in accordance with state law and rules promulgated by the secretary under chapter 34.05 RCW to permit the use of the information to coordinate and plan services.  All persons permitted to have access to or to use such information shall sign an oath of confidentiality, substantially as follows:

    "As a condition of obtaining information from (fill in facility, agency, or person) I, . . . . . ., agree not to divulge, publish, or otherwise make known to unauthorized persons or the public any information obtained in the course of using such confidential information, where release of such information may possibly make the person who received such services identifiable.  I recognize that unauthorized release of confidential information may subject me to civil liability under state law."

    Sec. 68.  RCW 72.05.430 and 1998 c 269 s 14 are each amended to read as follows:

    (1) Whenever the department operates, or the secretary enters a contract to operate, a community facility, the placement and supervision of juveniles must be accomplished in accordance with this section.

    (2) The secretary shall require that any juvenile placed in a community facility and who is employed or assigned as a volunteer be subject to monitoring for compliance with requirements for attendance at his or her job or assignment.  The monitoring requirements shall be included in a written agreement between the employer or supervisor, the secretary or chief operating officer of the contracting agency, and the juvenile.  The requirements shall include, at a minimum, the following:

    (a) Acknowledgment of the juvenile's offender status;

    (b) The name, address, and telephone number of the community facility at which the juvenile resides;

    (c) The twenty-four-hour telephone number required under RCW 72.05.410;

    (d) The name and work telephone number of all persons responsible for the supervision of the juvenile;

    (e) A prohibition on the juvenile's departure from the work or volunteer site without prior approval of the person in charge of the community facility;

    (f) A prohibition on personal telephone calls except to the community facility;

    (g) A prohibition on receiving compensation in any form other than a negotiable instrument;

    (h) A requirement that rest breaks during work hours be taken only in those areas at the location which are designated for such breaks;

    (i) A prohibition on visits from persons not approved in advance by the person in charge of the community facility;

    (j) A requirement that any unexcused absence, tardiness, or departure by the juvenile be reported immediately upon discovery to the person in charge of the community facility;

    (k) A requirement that any notice from the juvenile that he or she will not report to the work or volunteer site be verified as legitimate by contacting the person in charge of the community facility; and

    (l) An agreement that the community facility will conduct and document random visits to determine compliance by the juvenile with the terms of this section.

    (3) The secretary shall require that any juvenile placed in a community facility and who is enrolled in a public or ((private)) nonpublic school be subject to monitoring for compliance with requirements for attendance at his or her school.  The monitoring requirements shall be included in a written agreement between the school district or appropriate administrative officer, the secretary or chief operating officer of the contracting agency, and the juvenile.  The requirements shall include, at a minimum, the following:

    (a) Acknowledgment of the juvenile's offender status;

    (b) The name, address, and telephone number of the community facility at which the juvenile resides;

    (c) The twenty-four-hour telephone number required under RCW 72.05.410;

    (d) The name and work telephone number of at least two persons at the school to contact if issues arise concerning the juvenile's compliance with the terms of his or her attendance at school;

    (e) A prohibition on the juvenile's departure from the school without prior approval of the appropriate person at the school;

    (f) A prohibition on personal telephone calls except to the community facility;

    (g) A requirement that the juvenile remain on school grounds except for authorized and supervised school activities;

    (h) A prohibition on visits from persons not approved in advance by the person in charge of the community facility;

    (i) A requirement that any unexcused absence or departure by the juvenile be reported immediately upon discovery to the person in charge of the community facility;

    (j) A requirement that any notice from the juvenile that he or she will not attend school be verified as legitimate by contacting the person in charge of the community facility; and

    (k) An agreement that the community facility will conduct and document random visits to determine compliance by the juvenile with the terms of this section.

    (4) The secretary shall require that when any juvenile placed in a community facility is employed, assigned as a volunteer, or enrolled in a public or ((private)) nonpublic school:

    (a) Program staff members shall make and document periodic and random accountability checks while the juvenile is at the school or work facility;

    (b) A program counselor assigned to the juvenile shall contact the juvenile's employer, teacher, or school counselor regularly to discuss school or job performance-related issues.

    (5) The department shall maintain a copy of all agreements executed under this section.  The department shall also provide each affected juvenile with a copy of every agreement to which he or she is a party.  The service provider shall maintain a copy of every agreement it executes under this section.

    Sec. 69.  RCW 72.65.220 and 1997 c 348 s 1 are each amended to read as follows:

    (1) The department or a private or public entity under contract with the department may establish or relocate for the operation of a work release or other community-based facility only after public notifications and local public meetings have been completed consistent with this section.

    (2) The department and other state agencies responsible for siting department-owned, operated, or contracted facilities shall establish a process for early and continuous public participation in establishing or relocating work release or other community-based facilities.  This process shall include public meetings in the local communities affected, opportunities for written and oral comments, and wide dissemination of proposals and alternatives, including at least the following:

    (a) When the department or a private or public entity under contract with the department has selected three or fewer sites for final consideration of a department-owned, operated, or contracted work release or other community-based facility, the department or contracting organization shall make public notification and conduct public hearings in the local communities of the final three or fewer proposed sites.  An additional public hearing after public notification shall also be conducted in the local community selected as the final proposed site.

    (b) Notifications required under this section shall be provided to the following:

    (i) All newspapers of general circulation in the local area and all local radio stations, television stations, and cable networks;

    (ii) Appropriate school districts, ((private)) nonpublic schools, kindergartens, city and county libraries, and all other local government offices within a one-half mile radius of the proposed site or sites;

    (iii) The local chamber of commerce, local economic development agencies, and any other local organizations that request such notification from the department; and

    (iv) In writing to all residents and/or property owners within a one-half mile radius of the proposed site or sites.

    (3) When the department contracts for the operation of a work release or other community-based facility that is not owned or operated by the department, the department shall require as part of its contract that the contracting entity comply with all the public notification and public hearing requirements as provided in this section for each located and relocated work release or other community-based facility.

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