1296-S AMH RULE WARG 181

  

SHB 1296 - H AMD TO H AMD (H-1828.2/25) 344

By Representative Rule

ADOPTED 03/12/2025

On page 5, after line 22 of the striking amendment, insert the following:

"Sec. 104. RCW 28A.320.160 and 2005 c 274 s 244 are each amended to read as follows:

(1) ((School districts must, at the first opportunity but in all cases within forty-eight hours of receiving a report alleging sexual misconduct by a school employee, notify the parents of a student alleged to be the victim, target, or recipient of the misconduct.)) If an employee or contractor of a school district has knowledge or reasonable cause to believe that a student has been a victim, target, or recipient of physical abuse, sexual abuse, sexual misconduct, or assault occurring on school property during the school day, the school district must immediately notify the parents or legal guardians of the student. This requirement applies regardless of whether the alleged perpetrator is a student, school district employee or contractor, volunteer, or any other individual.

(2) School districts shall provide parents and legal guardians with information regarding their rights under the public records act, chapter 42.56 RCW, to request the public records regarding school employee discipline. This information ((shall)) must be provided to all parents and legal guardians on an annual basis.

(3) For purposes of this section, "reasonable cause" has the same meaning as in RCW 26.44.030.

(4) 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 subject to chapter 28A.715 RCW to the same extent it applies to school districts.

Sec. RCW 28A.400.317 and 2013 c 10 s 4 are each amended to read as follows:

(1) A certificated or classified school employee or contractor who has knowledge or reasonable cause to believe that a student has been a victim of physical or sexual abuse ((or)), sexual misconduct, or assault by another school employee or contractor, shall report such abuse ((or)), misconduct, or assault to the appropriate school administrator. The school administrator shall cause a report to be made to the proper law enforcement agency if he or she has reasonable cause to believe that the sexual misconduct ((or)), physical or sexual abuse, or assault has occurred as required under RCW 26.44.030. During the process of making a reasonable cause determination, the school administrator shall contact all parties involved in the complaint.

(2) Certificated and classified school employees shall receive training regarding their reporting obligations under state law in their orientation training when hired and then every three years thereafter. The training required under this subsection may be incorporated within existing training programs and related resources.

(3) Nothing in this section changes any of the duties established under RCW 26.44.030."

On page 10, line 28 of the striking amendment, after "have))" insert ": That their child is the alleged victim, target, or recipient of physical abuse, sexual abuse, sexual misconduct, or assault occurring on school property during the school day by another student, a school employee or contractor, or any other individual, in accordance with RCW 28A.320.160;"

On page 10, line 31 of the striking amendment, after "shooting" strike "on school property, or" and insert ", or threat of a shooting, on school property; or that"

EFFECT: Requires school districts, charter schools, and state-tribal compact schools to immediately notify a student's parents or legal guardians when an employee or contractor has knowledge or reasonable cause to believe that the student has been a victim, target, or recipient of physical abuse, sexual abuse, sexual misconduct, or assault occurring on school property during the school day, whether the alleged perpetrator is a student, employee or contractor, or any other individual (rather than requiring school districts to, at the first opportunity but in all cases within 48 hours of receiving a report alleging sexual misconduct by a school employee, notify the parents of a student alleged to be the victim, target or recipient of the misconduct).

Explicitly requires school employees to report to the administrator, and the administrator to report to law enforcement, when they have reasonable cause to believe that a student has been the victim of sexual abuse or assault by another school employee (professional school employees are currently required to report all suspected child abuse and neglect, which includes sexual abuse and assault, to law enforcement or the Department of Children, Youth, and Families).

Extends to school contractors the requirement that school employees report to the appropriate school administrator when they have reasonable cause to believe that a student has been a victim of physical abuse or sexual misconduct by another school employee.

Adds to the delineated rights of parents and guardians of public school children: (1) the right to receive immediate notification that their child is the alleged victim of physical abuse, sexual abuse, sexual misconduct, or assault occurring on school property during the school day by another student, a school employee or contractor, or any other individual; and (2) the right to receive immediate notification if there has been a threat of a shooting on school property.

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