BILL REQ. #:  S-3195.2 

Read first time 01/10/12.   Referred to Committee on Early Learning & K-12 Education.

     AN ACT Relating to single-sex classes; and amending RCW 28A.640.020.

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

Sec. 1   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)) rules 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))) (2) Specifically with respect to public school employment, all schools shall be required to:
     (((i))) (a) Maintain credential requirements for all personnel without regard to sex;
     (((ii))) (b) Make no differentiation in pay scale on the basis of sex;
     (((iii))) (c) 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))) (d) Provide the same opportunities for advancement to males and females; and
     (((v))) (e) 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))) (3) 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))) (4)(a) 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.
     (b) 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))) (5) 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, or as provided in subsection (6) of this section.
     (((e))) (6)(a) Specifically with regard to single-sex classes, each single-sex class may be provided if the school gives notice to the office of the superintendent of public instruction before offering the single-sex class and:
     (i) Each single-sex class is based on the school's important objective of:
     (A) Improving educational achievement of its students, through a school's overall established policy to provide diverse educational opportunities, if the single-sex nature of the class is substantially related to achieving that objective; or
     (B) Meeting the particular, identified educational needs of its students, if the single-sex nature of the class is substantially related to achieving that objective;
     (ii) The school implements its objective in an even-handed manner;
     (iii) Student enrollment in a single-sex class is completely voluntary; and
     (iv) The school provides to all other students, including students of the excluded sex, a substantially equal coeducational class in the same subject or activity.
     (b)(i) A school that provides a single-sex class, in order to comply with (a)(ii) of this subsection, must provide a substantially equal single-sex class for students of the excluded sex.
     (ii) Factors to be considered in determining whether classes are substantially equal include, but are not limited to: The policies and criteria of admission; the educational benefits provided, including the quality, range, and content of curriculum and other services; the quality and availability of books, instructional materials, and technology; the qualifications of faculty and staff; geographic accessibility; the quality, accessibility, and availability of facilities and resources provided to the class; and intangible features, such as reputation of faculty.
     (c) The school must conduct periodic evaluations at least every two years to ensure that single-sex classes are based upon genuine justifications and do not rely on overly broad generalizations about the different talents, capacities, or preferences of either sex and that any single-sex classes are substantially related to the achievement of the important objective for the classes. The evaluations must be presented to the school board at a regularly scheduled school board meeting.
     (7) 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))) (8)(a) By December 31, 1994, the superintendent of public instruction shall develop criteria for use by school districts in developing sexual harassment policies as required under (b) of this subsection. The criteria shall address the subjects of grievance procedures, remedies to victims of sexual 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 concerning sexual harassment. The policy 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 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 shall be conspicuously posted throughout each school building, and provided to each employee. A copy of the policy 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) Each school shall develop a process for discussing the district's sexual harassment policy. The process shall ensure the discussion addresses the definition of sexual harassment and issues covered in the sexual harassment policy.
     (((f))) (9) "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))) (a) Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining an education or employment;
     (((ii))) (b) 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))) (c) 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.