2220-S AMH DOLA WARG 398

SHB 2220 - H AMD 1620

By Representatives Dolan, CaldierBy Representatives Dolan, CaldierBy Representatives Dolan, CaldierBy Representatives Dolan, Caldier

ADOPTED AS AMENDED 02/19/2020

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. A new section is added to chapter 28A.605 RCW to read as follows:

(1) If a criminal history record check performed as part of the volunteer application process for a parent applicant indicates that the parent has a criminal history, the school must either:

(a) Disregard the criminal history if the parent:

(i) Submits documentation for each crime indicated on the record check showing either:

(A) The guilty plea or conviction is the subject of expungement, pardon, vacation, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation; or pardon, annulment, or other equivalent procedure based on a finding of innocence; or

(B) For a crime not listed in RCW 28A.400.322, a certificate of restoration of opportunity has been issued under RCW 9.97.020; and

(ii) Signs a statement indicating that the parent has not been arrested for a new crime or does not have a pending criminal charge; or

(b) Complete a criminal history review for a parent who has not met the requirements of (a) of this subsection. When performing a criminal history review a school must consider the length of time since the commission of the last crime for which the parent pled guilty or was convicted, and whether any crime involved a minor child victim. In addition, the school may consider: (i) The age of the parent on the date of the commission of the last crime for which the parent pled guilty or was convicted; (ii) whether the parent has been approved by a state agency to have unsupervised access to children under eighteen years of age or persons with developmental disabilities; and (iii) whether providing limited access to children under eighteen years of age and to persons with developmental disabilities within a teacher's classroom would give the parent the opportunity to have meaningful involvement in the school.

(2) Within five days of denying the volunteer application of a parent, the school must notify the parent of the school's decision, state specific reasons for the denial, and provide the procedure for appealing the school's decision to the school's governing body.

(3) A school must notify parent applicants for volunteer positions about the process for submitting documents and statements related to application review and approval.

(4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(a) "Criminal history record check" means any record check through either the Washington state patrol or the federal bureau of investigation, including as authorized under RCW 28A.400.303.

(b) "Parent" means a parent, grandparent, guardian, or legal custodian of a student enrolled at a school.

(c) "School" means a school district, an educational service district, the Washington center for deaf and hard of hearing youth, the state school for the blind, a federal bureau of Indian affairs-funded school, a charter school established under chapter 28A.710 RCW, or a school that is the subject of a state-tribal education compact under chapter 28A.715 RCW, or a contractor of a school.

(d) "Unsupervised" has the same meaning as in RCW 28A.400.303.

NEW SECTION. Sec. 2.  A new section is added to chapter 28A.345 RCW to read as follows:

   The Washington state school directors' association, in consultation with the office of the superintendent of public instruction and the office of the education ombuds, must develop a model parent volunteer policy and procedure that addresses the application review and approval requirements in section 1 of this act.  By September 1, 2020, the Washington state school directors' association must post the model policy and procedure on its website. For the purposes of this section, "parent" has the same meaning as in section 1 of this act."

Correct the title.

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