H-0882.1

SUBSTITUTE HOUSE BILL 1366

ByHouse Education (originally sponsored by Representatives Caldier and Chase)

AN ACT Relating to requiring school districts to prioritize the resumption of in-person instruction to certain students following an emergency; adding a new section to chapter 28A.320 RCW; and declaring an emergency.

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

NEW SECTION.  Sec. 1. A new section is added to chapter 28A.320 RCW to read as follows:

(1) School districts that have discontinued the provision of in-person instruction to all or most students in response to an emergency must, when resuming in-person instruction through a phased, hybrid, or otherwise noncomprehensive process, prioritize the offering and delivery of in-person instruction to the following:

(a) Students in foster care;

(b) Students experiencing homelessness;

(c) Students recently released from a juvenile rehabilitation facility or other facility providing education services to students in an institutional setting, and, to the extent practicable, students in a juvenile rehabilitation facility or other facility providing education services to students in an institutional setting;

(d) Students who are English language learners;

(e) Students with individualized education programs;

(f) Students with plans developed under section 504 of the rehabilitation act of 1973; and

(g) Students who have 10 or more unexcused absences within any month during the current school year.

(2) A student who is offered a return to in-person instruction in accordance with this section may, at the discretion of the student or the student's parent or guardian, continue remote instruction until the school district resumes in-person instruction for all students. This subsection (2) does not apply to students in a juvenile rehabilitation facility or other facility providing education services to students in an institutional setting.

(3) For purposes of this section, "emergency" has the same meaning as "emergency or disaster" in RCW 38.52.010. "Emergency" may also include a national declaration of emergency by an authorized federal official.

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