BILL REQ. #: S-1095.1
State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 01/30/2003. Referred to Committee on Education.
AN ACT Relating to access to education; amending RCW 49.60.400; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that providing access
to quality public education is a crucial part of promoting economic
growth and stability in the state of Washington.
Sec. 2 RCW 49.60.400 and 1999 c 3 s 1 are each amended to read as
follows:
(1) The state shall not discriminate against, or grant preferential
treatment to, any individual or group on the basis of race, sex, color,
ethnicity, or national origin in the operation of public employment,
public education, or public contracting.
(2) This section applies only to action taken after December 3,
1998.
(3) This section does not affect any law or governmental action
that does not discriminate against, or grant preferential treatment to,
any individual or group on the basis of race, sex, color, ethnicity, or
national origin.
(4) This section does not affect any otherwise lawful
classification that:
(a) Is based on sex and is necessary for sexual privacy or medical
or psychological treatment; or
(b) Is necessary for undercover law enforcement or for film, video,
audio, or theatrical casting; or
(c) Provides for separate athletic teams for each sex.
(5) This section does not invalidate any court order or consent
decree that is in force as of December 3, 1998.
(6) This section does not prohibit action that must be taken to
establish or maintain eligibility for any federal program, if
ineligibility would result in a loss of federal funds to the state.
(7) For the purposes of this section, "state" includes, but is not
necessarily limited to, the state itself, any city, county, ((public
college or university, community college, school district,)) special
district, or other political subdivision or governmental
instrumentality of or within the state.
(8) The remedies available for violations of this section shall be
the same, regardless of the injured party's race, sex, color,
ethnicity, or national origin, as are otherwise available for
violations of Washington antidiscrimination law.
(9) This section shall be self-executing. If any part or parts of
this section are found to be in conflict with federal law, the United
States Constitution, or the Washington state Constitution, the section
shall be implemented to the maximum extent that federal law, the United
States Constitution, and the Washington state Constitution permit. Any
provision held invalid shall be severable from the remaining portions
of this section.