S-1285.2

SENATE BILL 5464

State of Washington
67th Legislature
2021 Regular Session
BySenators Wilson, L., Braun, Brown, Dozier, Muzzall, Padden, Wagoner, and Wilson, J.
Read first time 02/23/21.Referred to Committee on Early Learning & K-12 Education.
AN ACT Relating to requiring the option of in-person learning unless prohibited by the governor, secretary of health, or a local health officer; amending RCW 28A.335.030; creating a new section; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION.  Sec. 1. (1) Education is a constitutional right for children residing in Washington state. The often cited paramount duty provision in our state Constitution reflects a proud tradition that values the dignity of education and the worth of every child regardless of background or circumstance.
(2) Scientific research and firsthand reports show that extended closure of schools hurts our students academically and emotionally. Experts in the field and parents on the ground all share the same concern: In addition to academic challenges, students prevented from the option of in-person learning are denied vital emotional connections they need to learn and develop. The harms are real and long-lasting.
(3) The right to the option of in-person learning needs to be codified for the academic, emotional, and physical well-being of our children and to conform with the paramount duty provision in our state Constitution.
(4) It is the intent of this act to codify that right to the option of in-person learning for students and ensure that closures of longer than 10 days can only be ordered in times of emergency by the governor, secretary of health, or a local health officer.
Sec. 2. RCW 28A.335.030 and 1990 c 33 s 353 are each amended to read as follows:
(1) A school district may close a school for emergency reasons, as set forth in RCW 28A.150.290(2) (a) and (b), without complying with the requirements of RCW 28A.335.020.
(2)(a) A school district may not remain closed for in-person learning for more than 10 consecutive scheduled school days, after which the school district must offer the option of in-person learning to all students unless in-person learning is prohibited by an order, proclamation, or directive by the governor, secretary of health, or a local health officer.
(b) This subsection does not apply to online courses or online school programs.
(3) This section governs school operation and management under RCW 28A.710.040 and 28A.715.020 and applies to charter schools established under chapter 28A.710 RCW and state-tribal education compact schools established under chapter 28A.715 RCW.
(4) For the purposes of this section, "school day" has the same meaning as in RCW 28A.150.203.
NEW SECTION.  Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
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