SENATE BILL REPORT

SB 6219

As of January 15, 2004

Title: An act relating to information on disciplinary actions taken against coaches.

Brief Description: Regarding information on disciplinary actions taken against coaches.

Sponsors: Senators Kohl-Welles, Johnson, Eide, Carlson, Benton, Keiser, Finkbeiner, Rasmussen, Franklin, McAuliffe, Esser, Winsley, Roach, T. Sheldon and Kline.

Brief History:

Committee Activity: Education: 1/20/04.

SENATE COMMITTEE ON EDUCATION

Staff: Heather Lewis-Lechner (786-7448)

Background: Under current Washington law, each school district board of directors is given the authority to control, supervise and regulate the conduct of interschool athletic activities. The board is also given the authority to delegate its control, supervision and regulation of any such activity to the Washington Interscholastic Activities Association (WIAA) or any other voluntary nonprofit entity. The WIAA is a voluntary, nonprofit association comprised of member middle level and high schools and has the authority to create rules and policies that govern student participation in any interschool activity.

Under Washington's Public Disclosure Act, public records maintained by a state or local agency concerning its own employees are available for public inspection unless a specific provision of the law exempts the record from disclosure. Numerous cases have recognized that a school district is subject to the Public Disclosure Act. The act contains an extensive list of statutory exemptions that includes an exemption for personal information of public employees to the extent that disclosure would violate that employee's "right to privacy" and an exemption for the residential addresses and phone numbers of the employee. A person's "right to privacy" is violated only if disclosure of the information about the person 1) would be highly offensive to a reasonable person, and 2) is not a legitimate concern to the public.

Disciplinary records within a school employees personnel file are subject to the Public Disclosure Act and can be requested by the public through the appropriate process as set out in state law.

Summary of Bill: WIAA or any other voluntary nonprofit entity chosen by a school district board of directors is given authority to create and maintain a website that lists coaches who have any disciplinary action taken against them by a school district or by the Office of the Superintendent of Public Instruction and the grounds for the disciplinary action.

School districts are required to annually provide WIAA or the voluntary nonprofit entity they have chosen with information on any disciplinary action taken against a coach employed by the school district.

Disciplinary action is defined and shall not be posted until the entire appeal process has been completed.

Appropriation: None.

Fiscal Note: Requested on January 14, 2004.

Effective Date: Ninety days after adjournment of session in which bill is passed.