H-0953

AN ACT Relating to protecting public school students; amending RCW 28A.640.020; and creating new sections.

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

NEW SECTION. Sec. 1. The legislature recognizes that families and educators alike want schools to be institutions where learning can occur. The legislature also recognizes that learning cannot take place without a certain level of physical and emotional safety and that parents want and need to be able to send their children to school without concern over the physical and emotional safety of their children. The legislature finds that policies to ensure students' freedom from sexual and malicious harassment and even the existence of such policies vary from one Washington state public school district to the next. Whereas sexual and other malicious harassment are particularly pernicious threats to school safety, the legislature intends to require that public school districts establish, publicize and enforce policies prohibiting and punishing such behavior. It is also the intent of the legislature to ensure that all school personnel and students understand the importance of and the procedures for maintaining a safe learning environment and for enforcing their school districts' sexual and malicious harassment policies.

Sec. 2. RCW 28A.640.020 and 1994 c 213 s 1 are each amended to read as follows:

(1) The superintendent of public instruction shall develop regulations and guidelines to eliminate sex discrimination as it applies to public school employment, counseling and guidance services to students, recreational and athletic activities for students, access to course offerings, and in textbooks and instructional materials used by students.

(a) Specifically with respect to public school employment, all schools shall be required to:

(i) Maintain credential requirements for all personnel without regard to sex;

(ii) Make no differentiation in pay scale on the basis of sex;

(iii) Assign school duties without regard to sex except where such assignment would involve duty in areas or situations, such as but not limited to a shower room, where persons might be disrobed;

(iv) Provide the same opportunities for advancement to males and females; and

(v) Make no difference in conditions of employment including, but not limited to, hiring practices, leaves of absence, hours of employment, and assignment of, or pay for, instructional and noninstructional duties, on the basis of sex.

(b) Specifically with respect to counseling and guidance services for students, they shall be made available to all students equally. All certificated personnel shall be required to stress access to all career and vocational opportunities to students without regard to sex.

(c) Specifically with respect to recreational and athletic activities, they shall be offered to all students without regard to sex. Schools may provide separate teams for each sex. Schools which provide the following shall do so with no disparities based on sex: Equipment and supplies; medical care; services and insurance; transportation and per diem allowances; opportunities to receive coaching and instruction; laundry services; assignment of game officials; opportunities for competition, publicity and awards; scheduling of games and practice times including use of courts, gyms, and pools: PROVIDED, That such scheduling of games and practice times shall be determined by local administrative authorities after consideration of the public and student interest in attending and participating in various recreational and athletic activities. Each school which provides showers, toilets, or training room facilities for athletic purposes shall provide comparable facilities for both sexes. Such facilities may be provided either as separate facilities or shall be scheduled and used separately by each sex.

The superintendent of public instruction shall also be required to develop a student survey to distribute every three years to each local school district in the state to determine student interest for male/female participation in specific sports.

(d) Specifically with respect to course offerings, all classes shall be required to be available to all students without regard to sex: PROVIDED, That separation is permitted within any class during sessions on sex education or gym classes.

(e) Specifically with respect to textbooks and instructional materials, which shall also include, but not be limited to, reference books and audio-visual materials, they shall be required to adhere to the guidelines developed by the superintendent of public instruction to implement the intent of this chapter: PROVIDED, That this subsection shall not be construed to prohibit the introduction of material deemed appropriate by the instructor for educational purposes.

(2)(a) ((~~By December 31, 1994,~~)) The superintendent of public instruction shall develop criteria for use by school districts in developing sexual harassment and malicious harassment policies as required under (b) of this subsection. The criteria shall address the subjects of grievance procedures, remedies to victims of sexual harassment and malicious harassment, disciplinary actions against violators of the policy, and other subjects at the discretion of the superintendent of public instruction. Disciplinary actions must conform with collective bargaining agreements and state and federal laws. The superintendent of public instruction also shall supply sample policies to school districts upon request.

(b) ((~~By June 30, 1995,~~)) Every school district shall adopt and implement ((a)) written ((~~policy~~)) policies concerning sexual harassment and malicious harassment. The ((~~policy~~)) policies shall apply to all school district employees, volunteers, parents, and students, including, but not limited to, conduct between students.

(c) School district policies on sexual harassment and malicious harassment shall be reviewed by the superintendent of public instruction considering the criteria established under (a) of this subsection as part of the monitoring process established in RCW 28A.640.030.

(d) The school district's sexual harassment ((~~policy~~)) and malicious harassment policies shall be conspicuously posted throughout each school building, and provided to each employee. A copy of the ((~~policy~~)) policies shall appear in any publication of the school or school district setting forth the rules, regulations, procedures, and standards of conduct for the school or school district.

(e)(i) Each school shall develop a process for discussing the district's sexual harassment ((~~policy~~)) and malicious harassment policies with students. The process shall ensure the discussion addresses the definition of sexual harassment and malicious harassment and issues covered in the sexual harassment ((~~policy~~)) and malicious harassment policies.

(ii) Each school district shall provide to employees and volunteers who have significant contact with students training on the school district's sexual harassment and malicious harassment policies in accordance with the guidelines adopted by the superintendent of public instruction under section 3(2) of this act.

(f) "Sexual harassment" as used in this section means unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature if:

(i) Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining an education or employment;

(ii) Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's education or employment; or

(iii) That conduct or communication has the purpose or effect of substantially interfering with an individual's educational or work performance, or of creating an intimidating, hostile, or offensive educational or work environment.

(g) "Malicious harassment" as used in this section means malicious harassment as defined in RCW 9A.36.080.

NEW SECTION. Sec. 3. (1) The superintendent of public instruction shall develop the criteria for use by school districts in developing malicious harassment policies, as required under RCW 28A.640.020(2)(a), by December 31, 1999. All school districts shall adopt and implement a written policy concerning malicious harassment, as required under RCW 28A.640.020(2)(b) by July 1, 2000.

(2)(a) The superintendent of public instruction shall adopt guidelines for use by school districts on training school district employees and volunteers about school district policies regarding sexual harassment and malicious harassment. The superintendent of public instruction shall establish training program guidelines that, to the extent possible, can be implemented within existing training programs for employees and volunteers and with minimal additional expenditure of time and resources.

(b) The superintendent of public instruction shall adopt training guidelines under this subsection (2) by July 1, 2000. Each school district shall institute training programs in accordance with the guidelines adopted by the superintendent of public instruction and as required under RCW 28A.640.020(2)(e). To the extent possible, such programs shall be instituted by the beginning of the 2000 school year.