WSR 19-01-058
[Filed December 14, 2018, 10:51 a.m., effective January 14, 2019]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Chapter 391-151 WAC implements RCW 46.61.385 and provides safety operation of school patrols. The office of superintendent of public instruction revised this chapter to bring the school safety patrol up-to-date with current safety standards.
Citation of Rules Affected by this Order: Repealing WAC 392-151-017, 392-151-065, 392-151-080, 392-151-095, 392-151-100, 392-151-110, 392-151-115, 392-151-125 and 392-151-130; and amending WAC 392-151-003, 392-151-010, 392-151-015, 392-151-020, 392-151-025, 392-151-030, 392-151-035, 392-151-040, 392-151-045, 392-151-050, 392-151-055, 392-151-060, 392-151-070, 392-151-075, 392-151-085, 392-151-090, 392-151-105, 392-151-135, and 392-151-140.
Statutory Authority for Adoption: RCW 46.61.385.
Adopted under notice filed as WSR 18-22-105 on November 6, 2018.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 19, Repealed 9.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 19, Repealed 9; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: December 14, 2018.
Chris P. S. Reykdal
State Superintendent
of Public Instruction
AMENDATORY SECTION(Amending WSR 91-15-016, filed 7/10/91, effective 8/10/91)
WAC 392-151-003Authority.
The authority for this chapter is RCW 46.61.385 which authorizes the appointment and operation of school patrols by any public or private school subject to the conditions, procedures, and considerations required by this chapter. RCW 28A.160.160(5) requires walking routes for elementary schools, and such supplemental conditions, procedures, and considerations as any such school may impose which are in the best interest of student safety.
AMENDATORY SECTION(Amending WSR 91-15-016, filed 7/10/91, effective 8/10/91)
WAC 392-151-010Function of a school patrol.
The ((purpose and)) function of a school patrol ((are))is to assist and aid members of the student body in the safe and proper crossing of ((streets, highways, and roads))roadways adjacent to the school ((and other crossing areas approved by the local safety advisory committee)).
Student school patrol members assigned to work at a location with an adult school patrol member shall assist and act at the direction of such adult member of the patrol. A school patrol is to look for and utilize natural gaps in traffic as much as possible when allowing students to cross a ((street, highway, or road))roadway.
AMENDATORY SECTION(Amending WSR 91-15-016, filed 7/10/91, effective 8/10/91)
WAC 392-151-015Administration and support.
The superintendent or chief administrative officer of the school district shall ((assume the leadership and)) be ultimately responsible for determining school patrol policy and operations. The principal of each school shall provide leadership in developing ((good relationships among teachers, student body, and members of)) the school patrol ((in matters of selecting, instructing, and giving immediate supervision to school patrol members and carrying out administrative details. Administration of the actual)). Daily operation of a school patrol may be delegated to a school employee or a safety committee. ((The approval, understanding, support, and encouragement of school administrators, local traffic control agencies, teachers, parents, and students is essential in providing an effective school safety patrol.))
AMENDATORY SECTION(Amending WSR 91-15-016, filed 7/10/91, effective 8/10/91)
WAC 392-151-020Liability.
((The fear of potential liability for injuries sustained by pupils, employees, or patrols is present in the minds of school board members and school administrators.)) Both a school district and its ((individual)) employees or agents are potentially liable for damages sustained by students or others as the result of negligence. ((Examples of actions or inactions possibly giving rise to an award of damages by a court include: The failure to properly supervise students while they are in the custody of school employees or agents; the failure to properly instruct students in the procedures necessary to safeguard themselves while participating in school activities which may otherwise cause them injury; the failure to select and assign competent employees or agents to safeguard students where necessary; and, in general, the failure to take reasonable precautions to safeguard students in the custody of the school against foreseeable dangers.
The following suggested procedures may assist schools and employees or agents reduce the potential liability in connection with the operation of a school patrol:
(1) Establish reasonable rules and regulations regarding))Any school district operating a school patrol shall adopt policies and procedures to reduce the potential liability and ensure student safety, including:
(1) The supervision and control of the school patrols by a school employee.
(2) ((Establish a policy which limits))Limiting the selection of student patrol members to students who are preferably ages ten or older and who possess appropriate physical and mental abilities.
(3) ((Establish a policy which authorizes))Authorizing any parent to have his or her child excluded from service on the safety patrol.
(4) ((Establish a policy which requires))Requiring school boards to provide insurance for members of the school patrol and for all supervisory officials involved in the program.
(5) ((Establish a policy which sets))Setting forth specific physical and other criteria for selecting school patrol members and providing adequate training.
(6) Observing patrollers during inclement weather, hours of semidarkness and emergencies.
In addition, schools should periodically conduct a complete review of the entire school patrol program, including the following:
(a) The selection of supervisors.
(b) ((The selection of student and adult members of the patrol
(c))) The training of both supervisors and patrol members.
(((d)))(c) The determination of the streets which are to be used and ((those which are)) not ((to be)) used.
(((e)))(d) The equipment needed.
(((f) The time schedule when the patrol will be on duty
(g) The special precautions to be observed in))(e) Procedures for emergencies, inclement weather and ((during)) hours of semidarkness.
AMENDATORY SECTION(Amending WSR 96-22-057, filed 11/1/96, effective 12/2/96)
WAC 392-151-025Route plans.
Suggested route plans shall be developed for each elementary school that has students who walk to and from school. It shall recommend school routes based on considerations of traffic patterns, existing traffic controls, and other crossing protection aids such as school patrols. These route plans shall limit the number of school crossings so that students move through the crossings in groups((, allowing only one entrance-exit from each block to and from school)). The walking route ((to school)) plan shall be distributed to all students ((with instructions that it be taken home and discussed with the parents)).
AMENDATORY SECTION(Amending WSR 96-22-057, filed 11/1/96, effective 12/2/96)
WAC 392-151-030Controlled crossings.
(("School patrol controlled" crosswalks are defined as any crosswalk which is attended by a student or adult guard, and which is not controlled by a traffic signal or stop sign.))(1) School patrol controlled crossings shall not be operated unless proper traffic control devices are in place as depicted in Washington state department of transportation, Sign Fabrication Manual and Manual on Uniform Traffic Control Devices, as now or hereafter amended. As a minimum, these shall consist of:
(((1)))(a) School crossing warning signs S1-1 and S2-1.
(((2)))(b) Marked crosswalks.
(((3)))(c) School speed limit sign.
(("School patrol assisted" crosswalks are defined as any crosswalk which is attended by a student or adult crossing guard and controlled by a stop sign, traffic signal or law enforcement officer. When crossings are controlled by stop signs, the S2-1 may be omitted. When crossings are controlled by a traffic signal or by a stop sign, the use of the school speed limit sign may be necessary following an engineering study.))
(2) Contact shall be made by school authorities with the governmental agency having jurisdiction over the street or highway in question in order to secure the necessary signs. ((The state department of transportation shall be contacted concerning all state highways outside of incorporated towns and cities and on those state highways within the incorporated limits of towns and cities with a population of 22,500 or less. On state highways within the incorporated limits of cities with a population of 22,500 or more, the city public works department shall be contacted.
The county highway department shall be contacted regarding all county roads. On city and town streets, which are not state highways, within the incorporated limits of cities and towns, the city or town street or public works department shall be contacted.
When school officials and/or the safety advisory committee determines that vehicular traffic volumes are such that adequate safe gaps in the traffic flow do not occur in reasonable frequent intervals to allow safe crossings by students, this condition, as well as any other related traffic issues, shall be evaluated cooperatively with the traffic engineering authorities having jurisdiction in order that necessary studies can be conducted for the purpose of developing possible alternative measures.))
(3) Where conditions are such that a patrol member cannot be seen at least as far away as the safe stopping distance for the legal speed at the location, one of the following procedures shall be carried out:
(((1)))(a) Select a safer location for the crossing at which the patrol is to serve.
(((2)))(b) Cooperatively evaluate the condition with traffic authorities having jurisdiction for the purpose of developing possible alternative measures.
AMENDATORY SECTION(Amending WSR 91-15-016, filed 7/10/91, effective 8/10/91)
WAC 392-151-035School crossing warning and speed limit signs.
The Washington state department of transportation defines when children are present as:
1. School children are occupying or walking within the marked crosswalk.
2. School children are occupying or waiting at the curb or on the shoulder of the roadway and are about to cross the roadway by way of the marked crosswalk.
3. School children are present or walking along the roadway, either on the adjacent sidewalk or, in the absence of sidewalks, on the shoulder within the posted school speed limit zone which extends three hundred feet in either direction from the marked crosswalk.
AMENDATORY SECTION(Amending WSR 91-15-016, filed 7/10/91, effective 8/10/91)
WAC 392-151-040Organization, instruction, and supervision.
The ((building))school principal or a member of the staff appointed by the principal shall supervise the school patrol. Criteria for the selection of a school patrol supervisor shall include:
(((a)))(1) Interest in safety.
(((b)))(2) Ability to organize, lead and discipline.
(((c) Ability to lead
(d) Ability to discipline
(e) Attitude toward work
(f) Efficiency on job
(g)))(3) Ability to recognize individual differences.
(((h) Ability to hold respect of pupils
(i)))(4) Dependability.
AMENDATORY SECTION(Amending WSR 91-15-016, filed 7/10/91, effective 8/10/91)
WAC 392-151-045Duties of patrol supervisor.
Duties of a school patrol supervisor shall include:
(1) Being knowledgeable in all areas of the school patrol.
(2) Selection of school patrol members according to school policy.
(3) Instruction and training of all school patrol members and officers in their respective duties.
(4) ((Supervision of the work of the school patrol in such manner as to develop the greatest initiative, leadership, and effectiveness on the part of each patrol officer and member.
(5))) Hold regular meetings of the school patrol for the purpose of instruction in safety practices((,))and discussions concerning infractions of rules((, and stimulating and inspiring the members in the performance of their duties.
(6) Serve as advisor to the school safety advisory committee.
An officer of the state patrol, sheriff's office, or local police department shall be requested to assist in the instruction of school patrol members in the performance of their duties and thereafter make visits to street and highway crossings where school patrol members are stationed)).
(5) Instruction in traffic rules and regulations shall be given to all children attending the school. Written rules and regulations shall be distributed to parents/guardians and students.
AMENDATORY SECTION(Amending WSR 91-15-016, filed 7/10/91, effective 8/10/91)
WAC 392-151-050Selection, appointment and suspension of patrol members.
Student school patrol members shall be selected from the upper grade levels and preferably not below age ten. Qualities such as leadership and reliability shall be considered in the selection of any patrol member. ((School patrol service shall be voluntary.))
Written approval of a parent or guardian shall be secured in the case of student patrol members. Each prospective patrol member shall be given a vision and hearing examination. ((After selection, each school patrol member candidate shall be formally appointed by the principal.)) The parent(s) or guardian(s) of a student patrol member shall be notified in writing or via a personal interview of the student's suspension from duty as a school patrol member.
((New patrol members may be selected thirty days before the school term terminates. Additional patrol members may be recruited in the fall of each year and, thereafter, as necessary to fill open positions.)) New members shall work with trained school patrol members for a long enough period to learn their duties.
((A captain of the school patrol may be selected. Instructions shall be given each new school patrol member so that he or she can begin effective duty at a specific post the morning the next school term commences.))
AMENDATORY SECTION(Amending WSR 91-15-016, filed 7/10/91, effective 8/10/91)
WAC 392-151-055Utilization of adult patrol members.
Schools ((possess the authority to))may appoint adults as members of a school patrol. The following criteria may be used to determine at which locations adult patrol members shall be stationed:
(1) When there is a lack of adequate gaps due to a high volume of traffic.
(2) ((When 85 percent of the traffic speed exceeds the speed limit by 5 miles an hour.
(3))) When there is a restricted sight distance.
(((4)))(3) When the location or distance from the school building is such that poor supervision of students would otherwise result.
(((5)))(4) When there is a high volume of turning traffic over a crosswalk.
(((6)))(5) When the location has been determined by either school or law enforcement authorities to be beyond the capability of a student to make rational decisions concerning safety.
(((7) When there is an excessive volume of pedestrian traffic over a highway.
(8) When any of the above criteria exists and there is a lack of an alternate school route plan.))
AMENDATORY SECTION(Amending WSR 91-15-016, filed 7/10/91, effective 8/10/91)
WAC 392-151-060Good character references for adult patrol members.
Prior to any assignment, good character references ((shall be obtained on every adult who is being considered as a school patrol member. Good moral character is defined in WAC 180-75-081. In addition, a))and a Washington state patrol criminal history request shall be obtained on each ((new)) adult candidate.
AMENDATORY SECTION(Amending Order 7-75, filed 12/22/75)
WAC 392-151-070Size of patrol and officers needed.
The number of members on a school patrol shall be determined by factors such as: ((Street and highway))Roadway conditions, number of intersections, volume of vehicular traffic, school enrollment, and number of arrival and school dismissal times. ((If there are several dismissal times, the size of the patrol shall be increased and the groups rotated so that no one member shall be absent too long from his or her classes. The supervisor may request assistance from the traffic safety unit of the police department in planning school patrol posts. Engineering studies may be requested from the traffic engineer's office by the police unit, the principal, or the school safety committee.))
Each school patrol may have a patrol captain and one or more lieutenants and sergeants. The captain shall be a patrol member who possesses qualities of leadership and shall be selected by the supervisor of the patrol on a trial basis or elected by the members subject to the supervisor's approval.
((Officers and members should normally serve for at least one full school year. However, a plan for periodic relief may be provided for and implemented at the discretion of school authorities. This may be done by organizing groups to rotate weekly or several weeks at a time or by rotating dismissal times.))
Some of the duties of the school safety patrol officers are:
(1) Assigning school patrol members to their posts.
(2) Supervising the operations of the school patrol.
(3) Keeping school patrol records((, including attendance)).
(4) Being responsible for the procedure at each crossing.
(5) Making sure each school patrol member wears his or her equipment while on duty.
(6) Arranging for a substitute in case of absence of a regular school patrol member.
(7) Manning ((the))a post in case of an emergency.
AMENDATORY SECTION(Amending Order 7-75, filed 12/22/75)
WAC 392-151-075Hours on duty.
((The hours that patrol members are on duty shall be determined by the needs of the school area from an accident prevention standpoint and the time schedule of the school being served. The schedule of each student patrol member shall be so planned as to make it unnecessary for the student to miss regular school work for lengthy periods.)) Parents or guardians shall be informed of the amount of time students are scheduled to serve on patrols and how much class time may be missed due to patrol duty.
When a patrol member has been assigned to a particular crossing, the member shall be on duty at all times students are normally crossing ((streets or highways))roadways in going to and from school. ((Members shall be at their posts 10 to 15 minutes before the first class in the morning and 10 to 15 minutes before school begins in the afternoon.
At dismissal times, arrangements shall be made for student patrol members to leave their classes 2 or 3 minutes before the dismissal bell. Patrol members shall remain on duty until the patrol captain or patrol supervisor gives the dismissal signal.))
AMENDATORY SECTION(Amending Order 7-75, filed 12/22/75)
WAC 392-151-085General duties of patrol members.
Each school patrol member shall adhere to the following duties and rules:
(1) Report to the crossing on time and remain during the prescribed period or until properly relieved.
(2) Perform duties as outlined.
(3) Wear standard uniform at all times while on duty.
(4) ((Be polite at all times.
(5))) Attend strictly to the task and do not permit attention to be diverted while on duty.
(((6)))(5) Direct students((,))to cross during a safe gap in traffic. Do not direct vehicular traffic.
(((7)))(6) Know the procedures to follow in case of an accident or emergency.
(((8)))(7) Notify the designated person in advance of anticipated absence.
AMENDATORY SECTION(Amending WSR 80-09-015, filed 7/9/80)
WAC 392-151-090Standard uniforms.
The standard uniform for school patrol members shall ((be))include a badge, high-visibility reflective vest, flag that meets the American National Standards Institute (ANSI) and International Safety Equipment Association (ISEA) standards for high-visibility safety apparel and accessories and/or ((raincoat and shall be worn only during a patrol function))raincoat/poncho that is recommended by the Washington traffic safety commission for school patrol use. A helmet or hat may be used as part of the standard uniform.
((The helmet when used shall be fluorescent orange, white, red, or yellow.)) For additional visibility during hours of darkness, reflective tape may be added to the uniform.
((The school patrol vest shall be fluorescent orange with reflective white bands.
The raincoat shall be fluorescent orange, red, or yellow.))
AMENDATORY SECTION(Amending WSR 91-15-016, filed 7/10/91, effective 8/10/91)
WAC 392-151-105Instruction of patrol members.
Each school patrol member shall be thoroughly trained in his or her duties before being permitted to take assigned posts. Instruction shall include the fundamentals of patrol operation - Where and how to stand when on duty, how to handle the patrol flag, and what constitutes a sufficient gap in vehicular traffic to permit safe crossing by students. Emphasis shall be placed on special hazards and the need for constant alertness. ((Types of training which shall be given members are:
(1) On-the-job training for at least one week under the direction of an experienced patrol member or for a longer period to learn their duties.
(2) Personal instruction by the patrol supervisor, a police officer, or a designated school district safety official.
(3) Reading and understanding written instructions which the school has compiled for the specific purpose of instructing new members.))
AMENDATORY SECTION(Amending WSR 91-15-016, filed 7/10/91, effective 8/10/91)
WAC 392-151-135Operation at an intersection with traffic signal.
At an intersection with a traffic signal, the light shall govern school patrol operation and the movement of students.
((When the light turns green in the direction the students are to cross, the patrol members shall be certain that all approaching cars are stopping for their red light. When the patrol members are sure that traffic does not constitute a hazard, the patrol members shall follow the basic crossing procedure.
Before the red signal comes back on, patrol members shall stop all stragglers. Patrol members shall know the length of time the green is on and be able to estimate the correct moment to stop the flow of pedestrians.
When the signal is a pedestrian-actuated light, it shall be controlled by the "sender" patrol member. The "walk" phase of this type of light is shorter than the green phase of the regular traffic light so that small compact groups of pedestrians may be allowed to cross at one time.))
AMENDATORY SECTION(Amending WSR 91-15-016, filed 7/10/91, effective 8/10/91)
WAC 392-151-140Violation reports and ((accidents))emergencies.
Moving motor vehicle violations at school crossings shall be reported to the appropriate law enforcement agency. School patrol members shall report all incidents which occur on or near their crossings which appear to involve unsafe practices on the part of anyone. Such reports shall be made to the patrol supervisor.
If the incident involves a driver violation, the license number of the car shall be written down immediately. Reports shall be reviewed by the patrol supervisor and principal. When the principal feels that a particular violation has occurred which requires follow-up by the police department, a violation report shall be filled out.
In the event of an injury accident or emergency at their post, patrol members shall observe the following directions:
(1) If the accident was caused by a vehicle, obtain license number, time of violation, and whether male or female driver.
(2) Never leave the crossing. Dispatch messengers to the school office stating location, nature, and seriousness of accident.
(3) Keep all students back away from the curb.
(4) Obtain name and address of victim and witnesses.
(5) Make a report to the patrol supervisor.
The following sections of the Washington Administrative Code are repealed:
WAC 392-151-017
Safety advisory committee—Selection.
WAC 392-151-065
Adult patrol members—Knowledge—Training of students—Introduction.
WAC 392-151-080
The patrol captain.
WAC 392-151-095
WAC 392-151-100
Care of equipment—Dismissal.
WAC 392-151-110
Installing school patrol members.
WAC 392-151-115
Patrol operation—Assignment and inspection.
WAC 392-151-125
Operation with school patrol members.
WAC 392-151-130
Operation with an adult patrol member or police officer or traffic signal.