RCW ch. 28A.320 — Revised Code of Washington Chapter 28A.320 RCW — Provisions Applicable To All Districts

RCW 28A.320.010 Corporate powers. A school district shall constitute a body corporate and shall possess all the usual powers of a public corporation, and in that name and style may sue and be sued and transact all business necessary for maintaining school and protecting the rights of the district, and enter into such obligations as are authorized therefor by law. [ 1969 ex.s. c 223 s 28A.58.010. Prior: (i) 1909 c 97 p 287 s 7, part; RRS s 4782, part; prior: 1897 c 118 s 44, part; 1891 c 127 s 11, part; 1890 p 366 s 30, part. Formerly RCW 28.58.040, part. (ii) 1947 c 266 s 6, part; Rem. Supp. 1947 s 4693-25, part; prior: 1909 c 97 p 265 s 2, part. Formerly RCW 28A.58.010, 28.57.135, 28.58.010.] RCW 28A.320.015 School boards of directors—Powers—Notice of adoption of policy. (1) The board of directors of each school district may exercise the following: (a) The broad discretionary power to determine and adopt written policies not in conflict with other law that provide for the development and implementation of programs, activities, services, or practices that the board determines will: (i) Promote the education and daily physical activity of kindergarten through twelfth grade students in the public schools; or (ii) Promote the effective, efficient, or safe management and operation of the school district; (b) Such powers as are expressly authorized by law; and (c) Such powers as are necessarily or fairly implied in the powers expressly authorized by law. (2) Before adopting a policy under subsection (1)(a) of this section, the school district board of directors shall comply with the notice requirements of the open public meetings act, chapter 42.30 RCW, and shall in addition include in that notice a statement that sets forth or reasonably describes the proposed policy. The board of directors shall provide a reasonable opportunity for public written and oral comment and consideration of the comment by the board of directors. [ 2005 c 360 s 7; 1992 c 141 s 301.] NOTES: Findings— RCW 28A.320.019 Condensed compliance reports—Second-class districts. Any compliance reporting requirements as a result of laws in this chapter that apply to second-class districts may be submitted in accordance with RCW 28A.330.250. [ 2011 c 45 s 23.] NOTES: Conflict with federal requirements— RCW 28A.320.020 Liability for debts and judgments. Every school district shall be liable for any debts legally due, and for judgments against the district, and such district shall pay any such judgment or liability out of the proper school funds to the credit of the district. [ 1969 ex.s. c 223 s 28A.58.020. Prior: 1909 c 97 p 287 s 4; RRS s 4779; prior: 1897 c 118 s 41; 1890 p 365 s 27. Formerly RCW 28A.58.020, 28.58.020.] RCW 28A.320.025 School district name change. (1) The board of directors may change the name of the school district if: (a) Either ten percent of the registered voters of the district file a petition requesting that the name of the school district be changed and submit the proposed new name with the request to the board or the board passes a motion to hold a hearing to change the school district name; (b) After receiving the petition or adopting the motion, the board holds a hearing within one month after the petition was submitted to the board. The board shall publish notice of the hearing and the proposed new name once a week for three consecutive weeks in a newspaper of general circulation within the school district. At the hearing, other names may be proposed and considered by the board without additional notice requirements; and (c) A majority of the board votes to adopt the new name. (2) If the board adopts the new name, the new name shall be recorded in the school district office and with the educational service district superintendent, the superintendent of public instruction, the state board of education, and the secretary of state. [ 1999 c 101 s 1.] RCW 28A.320.030 Gifts, conveyances, etc., for scholarship and student aid purposes, receipt and administration. The board of directors of any school district may accept, receive and administer for scholarship and student aid purposes such gifts, grants, conveyances, devises and bequests of personal or real property, in trust or otherwise, for the use or benefit of the school district or its students; and sell, lease, rent or exchange and invest or expend the same or the proceeds, rents, profits and income thereof according to the terms and conditions thereof, if any, for the foregoing purposes; and enter into contracts and adopt regulations deemed necessary by the board to provide for the receipt and expenditure of the foregoing. [ 1974 ex.s. c 8 s 1. Formerly RCW 28A.58.030.] RCW 28A.320.035 Contracting out—Board's powers and duties—Goods and services. (1) The board of directors of a school district may contract with other school districts, educational service districts, public or private organizations, agencies, schools, or individuals to implement the board's powers and duties. The board of directors of a school district may contract for goods and services, including but not limited to contracts for goods and services as specifically authorized in statute or rule, as well as other educational, instructional, and specialized services. When a school district board of directors contracts for educational, instructional, or specialized services, the purpose of the contract must be to improve student learning or achievement. (2) A contract under subsection (1) of this section may not be made with a religious or sectarian organization or school where the contract would violate the state or federal Constitution. [ 1997 c 267 s 1.] RCW 28A.320.040 Bylaws for board and school government. Every board of directors shall have power to make such bylaws for their own government, and the government of the common schools under their charge, as they deem expedient, not inconsistent with the provisions of this title, or rules and regulations of the superintendent of public instruction or the state board of education. [ 1969 ex.s. c 223 s 28A.58.110. Prior: 1909 c 97 p 287 s 6; RRS s 4781; prior: 1897 c 118 s 43; 1890 p 366 s 29. Formerly RCW 28A.58.110, 28.58.110.] RCW 28A.320.046 Recording of board of directors' meetings. The meetings of school district boards of directors are subject to the requirements of RCW 42.30.035(2). [ 2023 c 67 s 4.] NOTES: Effective date— RCW 28A.320.050 Reimbursement of expenses of directors, other school representatives, and superintendent candidates—Advancing anticipated expenses. The actual expenses of school directors in going to, returning from and attending upon directors' meetings or other meetings called or held pursuant to statute shall be paid. Likewise, the expenses of school superintendents and other school representatives chosen by the directors to attend any conferences or meetings or to attend to any urgent business at the behest of the state superintendent of public instruction or the board of directors shall be paid. The board of directors may pay the actual and necessary expenses for travel, lodging and meals a superintendent candidate incurs when he or she attends an employment interview in the school district. The school directors, school superintendents, other school representatives or superintendent candidates may be advanced sufficient sums to cover their anticipated expenses in accordance with rules and regulations promulgated by the state auditor and which shall substantially conform to the procedures provided in RCW 43.03.150 through 43.03.210. [ 1977 c 73 s 1; 1969 ex.s. c 26 s 2; 1969 ex.s. c 223 s 28A.58.310. Prior: 1961 c 268 s 15; prior: 1919 c 90 s 6, part; 1909 c 97 p 287 s 8, part; RRS s 4783, part. Formerly RCW 28A.58.310, 28.58.310.] RCW 28A.320.055 Employee collective bargaining agreements—Publication on school website. Each school district, charter school, and state-tribal compact school must publish on its website a copy of its public school employee collective bargaining agreements by September 1, 2014, and thereafter must update the website within thirty days of approval, renewal, or amendment of any such agreement. [ 2014 c 211 s 2.] NOTES: Intent— RCW 28A.320.060 Officers, employees or agents of school districts or educational service districts, insurance to protect and hold personally harmless. Any school district board of directors and educational service district board are authorized to purchase insurance to protect and hold personally harmless any director, officer, employee or agent of the respective school district or educational service district from any action, claim or proceeding instituted against him or her arising out of the performance or failure of performance of duties for or employment with such institution and to hold him or her harmless from any expenses connected with the defense, settlement or monetary judgments from such actions. [ 1990 c 33 s 330; 1975 1st ex.s. c 275 s 116; 1972 ex.s. c 142 s 2. Formerly RCW 28A.58.630.] RCW 28A.320.070 School district as self-insurer—Authority. Any school district board of directors is authorized to enter into agreements with the board of directors of other school districts and/or educational service districts to form a self-insurance group for the purpose of qualifying as a self-insurer under chapter 51.14 RCW. [ 1982 c 191 s 10. Formerly RCW 28A.58.410.] NOTES: Severability— RCW 28A.320.080 Commencement exercises—Lip reading instruction—Joint purchasing, including issuing interest bearing warrants and agreements with private schools—Budgets. Every board of directors, unless otherwise specifically provided by law, shall: (1) Provide for the expenditure of a reasonable amount for suitable commencement exercises; (2) In addition to providing free instruction in lip reading for children disabled by defective hearing, make arrangements for free instruction in lip reading to adults disabled by defective hearing whenever in its judgment such instruction appears to be in the best interests of the school district and adults concerned; (3) Join with boards of directors of other school districts or an educational service district pursuant to RCW 28A.310.180(3), or both such school districts and educational service district in buying supplies, equipment and services by establishing and maintaining a joint purchasing agency, or otherwise, when deemed for the best interests of the district, any joint agency formed hereunder being herewith authorized and empowered to issue interest bearing warrants in payment of any obligation owed: PROVIDED, HOWEVER, That those agencies issuing interest bearing warrants shall assign accounts receivable in an amount equal to the amount of the outstanding interest bearing warrants to the county treasurer issuing such interest bearing warrants: PROVIDED FURTHER, That the joint purchasing agency shall consider the request of any one or more private schools requesting the agency to jointly buy supplies, equipment, and services including but not limited to school bus maintenance services, and, after considering such request, may cooperate with and jointly make purchases with private schools of supplies, equipment, and services, including but not limited to school bus maintenance services, so long as such private schools pay in advance their proportionate share of the costs or provide a surety bond to cover their proportionate share of the costs involved in such purchases; (4) Consider the request of any one or more private schools requesting the board to jointly buy supplies, equipment and services including but not limited to school bus maintenance services, and, after considering such request, may provide such joint purchasing services: PROVIDED, That such private schools pay in advance their proportionate share of the costs or provide a surety bond to cover their proportionate share of the costs involved in such purchases; and (5) Prepare budgets as provided for in chapter 28A.505 RCW. [ 1995 c 77 s 21; 1990 c 33 s 331; 1986 c 77 s 1; 1983 c 125 s 1; 1981 c 308 s 1; 1979 ex.s. c 66 s 2; 1971 c 26 s 1; 1969 c 53 s 2; 1969 ex.s. c 223 s 28A.58.107. Prior: 1969 c 53 s 1, part; 1967 ex.s. c 29 s 1, part; 1967 c 12 s 1, part; 1965 ex.s. c 49 s 1, part; 1963 c 104 s 1, part; 1963 c 5 s 1, part; 1961 c 305 s 1, part; 1961 c 237 s 1, part; 1961 c 66 s 1, part; 1955 c 68 s 2, part; prior: 1943 c 52 s 1, part; 1941 c 179 s 1, part; 1939 c 131 s 1, part; 1925 ex.s. c 57 s 1, part; 1919 c 89 s 3, part; 1915 c 44 s 1, part; 1909 c 97 p 285 s 2, part; 1907 c 240 s 5, part; 1903 c 104 s 17, part; 1901 c 41 s 3, part; 1897 c 118 s 40, part; 1890 p 364 s 26, part; Rem. Supp. 1943 s 4776, part. Formerly RCW 28A.58.107, 28.58.100(7), (13) and (14).] NOTES: Severability— RCW 28A.320.090 Preparing and distributing information on district's instructional program, operation and maintenance—Limitation. The board of directors of any school district shall have authority to authorize the expenditure of funds for the purpose of preparing and distributing information to the general public to explain the instructional program, operation and maintenance of the schools of the district: PROVIDED, That nothing contained herein shall be construed to authorize preparation and distribution of information to the general public for the purpose of influencing the outcome of a school district election. [ 1969 ex.s. c 283 s 11. Formerly RCW 28A.58.610, 28.58.610.] NOTES: Severability— RCW 28A.320.092 Unsolicited information about learning programs—Prohibition on providing to persons who file a declaration of intent to cause a child to receive home-based instruction—Exceptions. School districts are prohibited from advertising, marketing, and otherwise providing unsolicited information about learning programs offered by the school district, including but not limited to digital learning programs, part-time enrollment opportunities, and other alternative learning programs, to students and their parents who have filed a declaration of intent to cause a child to receive home-based instruction under RCW 28A.200.010. School districts may respond to requests for information that are initiated by a parent. This section does not apply to general mailings or newsletters sent by the school district to all households in the district. [ 2009 c 190 s 1.] RCW 28A.320.100 Actions against officers, employees or agents of school districts and educational service districts—Defense, costs, fees—Payment of obligation. Whenever any action, claim or proceeding is instituted against any director, officer, employee or agent of a school district or educational service district arising out of the performance or failure of performance of duties for, or employment with any such district, the board of directors of the school district or educational service district board, as the case may be, may grant a request by such person that the prosecuting attorney and/or attorney of the district's choosing be authorized to defend said claim, suit or proceeding, and the costs of defense, attorney's fees, and any obligation for payment arising from such action may be paid from the school district's general fund, or in the case of an educational service district, from any appropriation made for the support of the educational service district, to which said person is attached: PROVIDED, That costs of defense and/or judgment against such person shall not be paid in any case where the court has found that such person was not acting in good faith or within the scope of his or her employment with or duties for the district. [ 1990 c 33 s 332; 1975 1st ex.s. c 275 s 115; 1972 ex.s. c 142 s 1. Formerly RCW 28A.58.620.] RCW 28A.320.110 Information and research services. For the purpose of obtaining information on school organization, administration, operation, finance and instruction, school districts and educational service districts may contract for or purchase information and research services from public universities, colleges and other public bodies, or from private individuals or agencies. For the same purpose, school districts and educational service district superintendents may become members of any nonprofit organization whose principal purpose is to provide such services. Charges payable for such services and membership fees payable to such organizations may be based on the cost of providing such services, on the benefit received by the participating school districts measured by enrollment, or on any other reasonable basis, and may be paid before, during, or after the receipt of such services or the participation as members of such organizations. [ 1975 1st ex.s. c 275 s 112; 1971 ex.s. c 93 s 4; 1969 ex.s. c 176 s 142; 1969 ex.s. c 223 s 28A.58.530. Prior: 1963 c 30 s 1. Formerly RCW 28A.58.530, 28.58.530.] NOTES: Rights preserved— RCW 28A.320.120 Cooperation with technical colleges—Jurisdiction over property—Administrative charges—Discrimination against employees of technical colleges prohibited—Dispute resolution. As of May 17, 1991, school districts shall not remove facilities, equipment, or property from the jurisdiction or use of the technical colleges. This shall include direct and indirect funds other than those indirect charges provided for in the 1990-91 appropriations act. School districts shall not increase direct or indirect charges for central district administrative support for technical college programs above the percentage rate charged in the 1990-91 school year. This provision on administrative charges for technical college programs shall apply to any state and federal grants, tuition, and other revenues generated by technical college programs. School districts and the superintendent of public instruction shall cooperate fully with the technical colleges and the state board for community and technical colleges with regard to the implementation of chapter 238, Laws of 1991. No employee of a technical college may be discriminated against based on actions or opinions expressed on issues surrounding chapter 238, Laws of 1991. Any dispute related to issues contained in this section shall be resolved under *RCW 28B.50.302. [ 1991 c 238 s 142.] NOTES: *Reviser's note: RCW 28A.320.123 School-based threat assessment program. (1) At a minimum, a school-based threat assessment program must: (a) Provide for timely and methodical school-based threat assessment and management; (b) Be prompted by the behavior of a student rather than some combination of a student's demographic and personal characteristics; (c) Convene a multidisciplinary, multiagency team, including special education teachers and practicing educational staff associates, to: (i) Identify and assess the behavior of a student that is threatening, or potentially threatening, to self, other students, staff, school visitors, or school property; (ii) Gather and analyze information about the student's behavior to determine a level of concern for the threat that focuses on situational variables, rather than the student's demographic or personal characteristics; (iii) Depending on the determined level of concern, develop and implement intervention strategies to manage the student's behavior in ways that promote a safe, supportive teaching and learning environment, without excluding the student from the school; and (iv) In the case of the threatening, or potentially threatening, behavior of a student with disabilities, align intervention strategies with the student's individualized education program or plan developed under section 504 of the rehabilitation act of 1973 by coordinating with the student's individualized education program or section 504 plan team; (d) Create guidelines for each threat assessment team to collect, report, and review quantitative data on its activities; and (e) Prohibit suspension or expulsion based merely on threat assessment referral or performance. (2) By the beginning of the 2020-21 school year, each school district shall adopt a policy and procedure to establish a school-based threat assessment program that meets the requirements of subsection (1) of this section. The school district policy and procedure must be consistent with the model policy and procedure developed under RCW 28A.300.640, and with other school district policies, procedures, and plans addressing safe and supportive learning environments. (3) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "School-based threat assessment" means the formal process, established by a school district, of evaluating the threatening, or potentially threatening, behavior of a student, and the circumstances surrounding the threat, to uncover any facts or evidence that the threat is likely to be carried out. (b) "School-based threat management" means the development and implementation of a plan to manage or reduce the threatening, or potentially threatening, behavior of a student in a way that increases the physical and psychological safety of students, staff, and visitors, while providing for the education of all students. [ 2019 c 333 s 5.] NOTES: Findings— RCW 28A.320.124 School safety and security staff—Policy and procedure—Presentation to students. (1) By the beginning of the 2021-22 school year, school districts that have safety and security staff working on school property when students are expected to be present must adopt, and periodically update, a policy and procedure that: (a) Includes a clear statement regarding safety and security staff duties and responsibilities related to student behavior and discipline that: (i) Prohibits a school resource officer from becoming involved in formal school discipline situations that are the responsibility of school administrators; and (ii) Recognizes that trained safety and security staff know when to informally interact with students to reinforce school rules and when to enforce the law; (b) Clarifies the circumstances under which teachers and school administrators may ask safety and security staff to intervene with a student; (c) Explains how safety and security staff will be engaged in creating a positive school climate and positive relationships with students; and (d) Describes the process for families to file complaints with the school and, when applicable, the local law enforcement agency or the company that provides the safety and security staff on contract related to safety and security staff and a process for investigating and responding to complaints. (2) At the beginning of each school year, school districts that have safety and security staff working on school property must present to and discuss with students, and distribute to students' families, information about the role and responsibilities of safety and security staff. (3) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Safety and security staff" means a school resource officer, a school security officer, a campus security officer, and any other commissioned or noncommissioned employee or contractor, whose primary job duty is to provide safety or security services for a public school, as defined in RCW 28A.150.010. (b) "School resource officer" means a commissioned law enforcement officer in the state of Washington with sworn authority to make arrests, deployed in community-oriented policing, and assigned by the employing police department or sheriff's office to work in schools to build positive relationships with students and address crime and disorder problems, gangs, and drug activities affecting or occurring in or around K-12 schools. School resource officers should focus on keeping students out of the criminal justice system when possible and should not be used to attempt to impose criminal sanctions in matters that are more appropriately handled within the educational system. [ 2021 c 38 s 5; 2019 c 333 s 12.] NOTES: Findings— RCW 28A.320.1241 School safety and security staff—Collected agreements and information. (1) School districts must annually collect the following information on safety and security staff: (a) Total number of safety and security staff working in the district and in each school building, and number of days per week that each staff works; (b) The name of any law enforcement agency or private organization with which the district has an agreement for safety and security services; (c) A description of each incident where safety and security staff were involved that resulted in student discipline, use of force against a student, or a student arrest. For each student involved in the incident, the description must include: (i) The student's race, ethnicity, and other demographics; and (ii) Whether the student has an individualized education program or plan developed under section 504 of the rehabilitation act of 1973; (d) The number of complaints related to job duties and student interactions filed against safety and security staff; and (e) Other school safety and security information required by the office of the superintendent of public instruction. (2)(a) School districts must annually submit any agreements adopted as required by RCW 28A.320.1242 and the information collected as required by this section at the time and in the manner required by the office of the superintendent of public instruction. (b) The office of the superintendent of public instruction must make the submitted agreements and information publicly available. To the extent possible, information collected under subsection (1)(c) of this section must be disaggregated as provided in RCW 28A.300.042. (3) For the purposes of this section, "safety and security staff" has the same meaning as in RCW 28A.320.124. [ 2021 c 38 s 2.] NOTES: Findings— RCW 28A.320.1242 School safety and security staff—Agreements with law enforcement agencies or security guard companies. (1)(a) If a law enforcement agency or security guard company supplies safety and security staff to work on school property when students are expected to be present, the school district must annually review and adopt an agreement with the law enforcement agency or security guard company that meets the requirements of this section. The agreement must: (i) Meet the requirements described in RCW 28A.320.124(1); (ii) Include a jointly determined hiring and placement process and a performance evaluation process; and (iii) Either confirm that the safety and security staff have training series documentation provided under RCW 28A.310.515(4) or describe the plan for safety and security staff to complete the training series described in RCW 28A.400.345(2). (b) The agreement review and adoption process must involve parents, students, and community members. (2) For purposes of this section, "safety and security staff" has the same meaning as in RCW 28A.320.124. [ 2021 c 38 s 6.] NOTES: Findings— RCW 28A.320.125 Safe school plans—Requirements—Duties of school districts and schools—Drills—Rules—First responder agencies. (1) The legislature considers it to be a matter of public safety for public schools and staff to have current safe school plans and procedures in place, fully consistent with federal law. The legislature further finds and intends, by requiring safe school plans to be in place, that school districts will become eligible for federal assistance. The legislature further finds that schools are in a position to serve the community in the event of an emergency resulting from natural disasters or human-induced disasters. (2) Schools and school districts shall consider the guidance and resources provided by the state school safety center, established under RCW 28A.300.630, and the regional school safety centers, established under RCW 28A.310.510, when developing their own individual comprehensive safe school plans. Each school district shall adopt and implement a safe school plan. The plan shall: (a) Include required school safety policies and procedures; (b) Address emergency mitigation, preparedness, response, and recovery; (c) Include provisions for assisting and communicating with students and staff, including those with special needs or disabilities; (d) Include a family-student reunification plan, including procedures for communicating the reunification plan to staff, students, families, and emergency responders; (e) Use the training guidance provided by the Washington emergency management division of the state military department in collaboration with the state school safety center in the office of the superintendent of public instruction, established under RCW 28A.300.630, and the school safety and student well-being advisory committee, established under RCW 28A.300.635; (f) Require the building principal to be certified on the incident command system; (g) Take into account the manner in which the school facilities may be used as a community asset in the event of a community-wide emergency; (h) Set guidelines for requesting city or county law enforcement agencies, local fire departments, emergency service providers, and county emergency management agencies to meet with school districts and participate in safety-related drills; and (i) Include how substitute teachers and other temporary employees receive necessary information about safe school plans, including school safety policies and procedures and the three basic functional drill responses described in subsection (5) of this section. (3) To the extent funds are available, school districts shall annually: (a) Review and update safe school plans in collaboration with local emergency response agencies; (b) Conduct an inventory of all hazardous materials; (c) Update information to reflect current plans, including: (i) Identifying all staff members who are trained on the national incident management system, trained on the incident command system, or are certified on the incident command system; and (ii) Identifying school transportation procedures for evacuation, to include bus staging areas, evacuation routes, communication systems, parent-student reunification sites, and secondary transportation agreements; and (d) Provide information to all staff on the use of emergency supplies and notification and alert procedures. (4) School districts are encouraged to work with local emergency management agencies and other emergency responders to conduct one tabletop exercise, one functional exercise, and two full-scale exercises within a four-year period. (5)(a) Due to geographic location, schools have unique safety challenges. It is the responsibility of school principals and administrators to assess the threats and hazards most likely to impact their school, and to practice three basic functional drills, shelter-in-place, lockdown, and evacuation, as these drills relate to those threats and hazards. Some threats or hazards may require the use of more than one basic functional drill. (b) Schools shall conduct at least one safety-related drill per month, including summer months when school is in session with students. These drills must teach students three basic functional drill responses: (i) "Shelter-in-place," used to limit the exposure of students and staff to hazardous materials, such as chemical, biological, or radiological contaminants, released into the environment by isolating the inside environment from the outside; (ii) "Lockdown," used to isolate students and staff from threats of violence, such as suspicious trespassers or armed intruders, that may occur in a school or in the vicinity of a school. Lockdown drills may not include live simulations of or reenactments of active shooter scenarios that are not trauma-informed and age and developmentally appropriate; and (iii) "Evacuation," used to move students and staff away from threats, such as fires, oil train spills, lahars, or tsunamis. (c) The drills described in (b) of this subsection must incorporate the following requirements: (i) A pedestrian evacuation drill for schools in mapped lahars or tsunami hazard zones; and (ii) An earthquake drill using the state-approved earthquake safety technique "drop, cover, and hold." (d) Schools shall document the date, time, and type (shelter-in-place, lockdown, or evacuate) of each drill required under this subsection (5), and maintain the documentation in the school office. (e) This subsection (5) is intended to satisfy all federal requirements for comprehensive school emergency drills and evacuations. (6) Educational service districts are encouraged to apply for federal emergency response and crisis management grants with the assistance of the superintendent of public instruction and the Washington emergency management division of the state military department. (7) The superintendent of public instruction may adopt rules to implement provisions of this section. These rules may include, but are not limited to, provisions for evacuations, lockdowns, or other components of a comprehensive safe school plan. (8)(a) Whenever a first responder agency notifies a school of a situation that may necessitate an evacuation or lockdown, the agency must determine if other known schools in the vicinity are similarly threatened. The first responder agency must notify every other known school in the vicinity for which an evacuation or lockdown appears reasonably necessary to the agency's incident commander unless the agency is unable to notify schools due to duties directly tied to responding to the incident occurring. For purposes of this subsection, "school" includes a private school under chapter 28A.195 RCW. (b) A first responder agency and its officers, agents, and employees are not liable for any act, or failure to act, under this subsection unless a first responder agency and its officers, agents, and employees acted with willful disregard. [ 2024 c 21 s 1; 2022 c 77 s 1; 2021 c 223 s 1. Prior: 2019 c 333 s 10; 2019 c 84 s 1; 2017 c 165 s 1; 2013 c 14 s 1; 2009 c 578 s 10; 2007 c 406 s 1; 2002 c 205 s 2.] NOTES: Effective date— RCW 28A.320.126 Emergency response system. (1) School districts must work collaboratively with local law enforcement agencies, public safety answering points, and safety and security staff as defined in RCW 28A.320.124 to develop an emergency response system using evolving technology to expedite the response and arrival of law enforcement in the event of a threat or emergency at a school. "Emergency response system" includes at least one of the following: (a) Panic or alert buttons that are tied to school administration, school district staff, and emergency response providers; (b) Live video feed with law enforcement, school district, and school access; (c) Live audio feed with law enforcement, school district, and school access; (d) Remote control access to doors; (e) Live interactive two-way communications; or (f) A system that complies with applicable state building code requirements for group E occupancies for emergency response systems developed under this section or systems developed as part of a safe school plan under RCW 28A.320.125. (2) Each school district must submit a progress report on its implementation of an emergency response system as required under this section to the office of the superintendent of public instruction by October 1, 2025. By December 1, 2025, the office of the superintendent of public instruction must compile the information submitted by school districts and report to the legislature on the types of emergency response systems used by school districts. (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 subject to chapter 28A.715 RCW. [ 2025 c 347 s 1; 2019 c 333 s 16; 2013 c 233 s 1.] NOTES: Short title— RCW 28A.320.127 Plan for recognition, screening, and response to emotional or behavioral distress in students, including possible sexual abuse. (1) Beginning in the 2014-15 school year, each school district must adopt a plan for recognition, initial screening, and response to emotional or behavioral distress in students, including but not limited to indicators of possible substance abuse, violence, youth suicide, and sexual abuse. The school district must annually provide the plan to all district staff. (2) At a minimum the plan must address: (a) Identification of training opportunities in recognition, screening, and referral that may be available for staff; (b) How to use the expertise of district staff who have been trained in recognition, screening, and referral; (c) How staff should respond to suspicions, concerns, or warning signs of emotional or behavioral distress in students; (d) Identification and development of partnerships with community organizations and agencies for referral of students to health, mental health, substance abuse, and social support services, including development of at least one memorandum of understanding between the district and such an entity in the community or region; (e) Protocols and procedures for communication with parents and guardians, including the notification requirements under RCW 28A.320.160; (f) How staff should respond to a crisis situation where a student is in imminent danger to himself or herself or others; (g) How the district will provide support to students and staff after an incident of violence, youth suicide, or allegations of sexual abuse; (h) How staff should respond when allegations of sexual contact or abuse are made against a staff member, a volunteer, or a parent, guardian, or family member of the student, including how staff should interact with parents, law enforcement, and child protective services; and (i) How the district will provide to certificated and classified staff the training on the obligation to report physical abuse or sexual misconduct required under RCW 28A.400.317. (3) The plan under this section may be a separate plan or a component of another district plan or policy, such as the harassment, intimidation, and bullying prevention policy under *RCW 28A.300.2851 or the comprehensive safe school plan required under RCW 28A.320.125. [ 2016 c 48 s 1; 2013 c 197 s 4.] NOTES: *Reviser's note: RCW 28A.320.1271 Model school district plan for recognition, initial screening, and response to emotional or behavioral distress in students. The office of the superintendent of public instruction's school safety center, established in RCW 28A.300.630, shall develop a model school district plan for recognition, initial screening, and response to emotional or behavioral distress in students, including but not limited to indicators of possible substance abuse, violence, and youth suicide. The model plan must incorporate research-based best practices, including practices and protocols used in schools and school districts in other states. The model plan must be posted by February 1, 2014, on the school safety center website, along with relevant resources and information to support school districts in developing and implementing the plan required under RCW 28A.320.127. [ 2019 c 333 s 17; 2013 c 197 s 5.] NOTES: Findings— RCW 28A.320.128 Notice and disclosure policies—Threats of violence—Student conduct—Immunity for good faith notice—Penalty. (1) By September 1, 2020, each school district board of directors shall adopt a policy that addresses the following issues: (a) Procedures for providing notice of threats of violence or harm to the student or school employee who is the subject of the threat. The policy shall define "threats of violence or harm"; and (b) Procedures for complying with the notification provisions in RCW 28A.320.163. (2) The Washington state school directors' association, in consultation with educators and representatives of law enforcement, classified staff, organizations with expertise in violence prevention and intervention, and organizations that provide free legal services for youth, shall adopt, and revise as necessary, a model policy that includes the issues listed in subsection (1) of this section. The model policy shall be disseminated by the Washington state school directors' association and made available to the public on its website. Each school district shall adopt the model policy required by this subsection unless it has a compelling reason to develop and adopt a different policy that also addresses the issues identified in subsection (1) of this section. (3) School districts, school district boards of directors, school officials, and school employees providing notice in good faith as required and consistent with the board's policies adopted under this section are immune from any liability arising out of such notification. (4) A person who intentionally and in bad faith or maliciously, knowingly makes a false notification of a threat under this section is guilty of a misdemeanor punishable under RCW 9A.20.021. [ 2020 c 167 s 4; 2002 c 206 s 1.] RCW 28A.320.130 Weapons incidents—Reporting. Each school district and each private school approved under chapter 28A.195 RCW shall report to the superintendent of public instruction by January 31st of each year all known incidents involving the possession of weapons on school premises, on transportation systems, or in areas of facilities while being used exclusively by public or private schools, in violation of RCW 9.41.280 in the year preceding the report. The superintendent shall compile the data and report it to the house of representatives, the senate, and the governor. [ 1993 c 347 s 2.] RCW 28A.320.135 Telecommunication and mobile devices—Limits on possession and use—Policies and procedures—Definitions. (1) School district boards of directors may adopt policies and procedures that limit the possession and use of (a) paging telecommunication devices by students that emit audible signals, vibrate, display a message, or otherwise summons or delivers a communication to the possessor, and (b) mobile devices by students. When considering the adoption of policies and procedures that limit student possession or use of mobile devices during instructional hours, school district boards of directors are encouraged to review recommendations provided by the office of the superintendent of public instruction to the legislature in accordance with section 4, chapter 225, Laws of 2026. (2) For purposes of this section, "instructional hours" has the same meaning as in RCW 28A.150.205, and "mobile device" has the same meaning as in RCW 28A.650.010. [ 2026 c 225 s 5; 1997 c 266 s 10.] NOTES: Findings— RCW 28A.320.140 Schools with special standards—Dress codes. (1) School district boards of directors may establish schools or programs which parents may choose for their children to attend in which: (a) Students are required to conform to dress and grooming codes, including requiring that students wear uniforms; (b) parents are required to participate in the student's education; or (c) discipline requirements are more stringent than in other schools in the district. (2) School district boards of directors may establish schools or programs in which: (a) Students are required to conform to dress and grooming codes, including requiring that students wear uniforms; (b) parents are regularly counseled and encouraged to participate in the student's education; or (c) discipline requirements are more stringent than in other schools in the district. School boards may require that students who are subject to suspension or expulsion attend these schools or programs as a condition of continued enrollment in the school district. (3) If students are required to wear uniforms in these programs or schools, school districts shall accommodate students so that the uniform requirement is not an unfair barrier to school attendance and participation. (4) Nothing in this section impairs or reduces in any manner whatsoever the authority of a board under other law to impose a dress and appearance code. However, if a board requires uniforms under such other authority, it shall accommodate students so that the uniform requirement is not an unfair barrier to school attendance and participation. (5) School district boards of directors may adopt dress and grooming code policies which prohibit students from wearing gang-related apparel. If a dress and grooming code policy contains this provision, the school board must also establish policies to notify students and parents of what clothing and apparel is considered to be gang-related apparel. This notice must precede any disciplinary action resulting from a student wearing gang-related apparel. (6) School district boards of directors may not adopt a dress and grooming code policy which precludes students who participate in nationally recognized youth organizations from wearing organization uniforms on days that the organization has a scheduled activity or prohibit students from wearing clothing in observance of their religion. [ 1997 c 266 s 14; 1994 sp.s. c 7 s 612.] NOTES: Findings— RCW 28A.320.142 Unaccompanied and homeless youth—Building point of contact—Duty of district liaison for students experiencing homelessness. (1) Each K-12 public school in the state must establish a building point of contact in each elementary school, middle school, and high school. These points of contact must be appointed by the principal of the designated school and are responsible for identifying homeless and unaccompanied homeless youth and connecting them with the school district's liaison for students experiencing homelessness. The school district homeless student liaison is responsible for training building points of contact. (2) The office of the superintendent of public instruction shall make available best practices for choosing and training building points of contact to each school district. [ 2019 c 412 s 3; 2016 c 157 s 5.] NOTES: Finding— RCW 28A.320.145 Homeless students—Support. (1) On an annual basis, each school district must strongly encourage: (a) All school staff to annually review the video posted on the office of the superintendent of public instruction's website on how to identify signs that indicate a student may be homeless, how to provide services and support to homeless students, and why this identification and support is critical to student success to ensure that homeless students are appropriately identified and supported; and (b) Every district-designated homeless student liaison to attend trainings provided by the state to ensure that homeless children and youth are identified and served. (2) Each school district shall include in existing materials that are shared with students at the beginning of the school year or at enrollment, information about services and support for homeless students, including the provisions of *RCW 28A.320.147. School districts may use the brochure posted on the website of the office of the superintendent of public instruction as a resource. Schools are also strongly encouraged to use a variety of communications each year to notify students and families about services and support available to them if they experience homelessness, including but not limited to: (a) Distributing and collecting an annual housing intake survey; (b) Providing parent brochures directly to students and families; (c) Announcing the information at school-wide assemblies; or (d) Posting information on the district's website or linking to the office of the superintendent of public instruction's website. [ 2016 c 157 s 6; 2014 c 212 s 3.] NOTES: *Reviser's note: RCW 28A.320.148 Foster care liaison—Building point of contact. (1) For the purpose of addressing education barriers for students who are the subject of a dependency proceeding, each school district must: (a) Designate a foster care liaison to facilitate district compliance with state and federal laws related to students who are the subject of a dependency proceeding; and (b) collaborate with the department of children, youth, and families, the appropriate federally recognized Indian tribe, or the state agency responsible for the implementation of the unaccompanied refugee minors program. The role and responsibilities of a foster care liaison may include: (a) [(i)] Coordinating the implementation of state and federal laws related to students who are the subject of a dependency proceeding; (b) [(ii)] Coordinating with foster care education program staff at the office of the superintendent of public instruction; (c) [(iii)] Attending training and professional development opportunities to improve school district implementation efforts; (d) [(iv)] Serving as the primary contact person for representatives of the department of children, youth, and families; (e) [(v)] Leading and documenting the development of a process for making best interest determinations in accordance with RCW 28A.225.350; (f) [(vi)] Facilitating immediate enrollment in accordance with RCW 28A.225.330; (g) [(vii)] Facilitating the transfer of records in accordance with RCW 28A.150.510 and 28A.225.330; (h) [(viii)] Facilitating data sharing with child welfare agencies consistent with state and federal privacy laws and rules; (i) [(ix)] Developing and coordinating local transportation procedures; (j) [(x)] Managing best interest determination and transportation cost disputes according to the best practices developed by the office of the superintendent of public instruction; (k) [(xi)] Ensuring that students who are the subject of a dependency proceeding are enrolled in and regularly attending school, consistent with RCW 28A.225.023; and (l) [(xii)] Providing professional development and training to school staff on state and federal laws related to students who are the subject of a dependency proceeding and their educational needs, as needed. (2) Each K-12 public school in the state must establish a building point of contact in each elementary school, middle school, and high school. These points of contact must be appointed by the principal of the designated school, in consultation with the district foster care liaison, and are responsible for coordinating services and resources for students in foster care as outlined in subsection (1) of this section. (3) The district foster care liaison is responsible for training building points of contact. (4) The office of the superintendent of public instruction shall make available best practices for choosing and training building points of contact to each school district. (5) For the purposes of this section, "students who are the subject of a dependency proceeding" has the same meaning as in RCW 28A.150.510. [ 2022 c 78 s 5; 2021 c 95 s 2; 2018 c 139 s 3.] NOTES: Intent— RCW 28A.320.155 Criminal history record information—School volunteers. If a volunteer alerts a school district that the volunteer has undergone a criminal records check in accordance with applicable state law, including RCW 10.97.050, 28A.400.303, 28A.410.010, or 43.43.830 through 43.43.845, within the two years before the time the volunteer is volunteering in the school, then the school may request that the volunteer furnish the school with a copy of the criminal history record information or sign a release to the business, school, organization, criminal justice agency, or juvenile justice or care agency, or other state agency that originally obtained the criminal history record information to permit the record information to be shared with the school. Once the school requests the information from the business, school, organization, or agency the information shall be furnished to the school. Any business, school, organization, agency, or its employee or official that shares the criminal history record information with the requesting school in accordance with this section is immune from criminal and civil liability for dissemination of the information. If the criminal history record information is shared, the school must require the volunteer to sign a disclosure statement indicating that there has been no conviction since the completion date of the most recent criminal background inquiry. [ 1999 c 21 s 1.] RCW 28A.320.160 Alleged physical or sexual abuse, sexual misconduct, or assault by school employee or contractor—Parental notification—Information on public records act. (1) After receiving a report of an allegation that a student is a victim, target, or recipient of physical or sexual abuse, sexual misconduct, or assault by a school employee or school contractor, the school district must immediately notify the parents or legal guardians of that student. (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 must be provided to all parents and legal guardians on an annual basis. (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 subject to chapter 28A.715 RCW to the same extent it applies to school districts. [ 2025 c 369 s 601; 2005 c 274 s 244; 2004 c 29 s 3.] NOTES: Effective date— RCW 28A.320.163 Notifications—Appeals. (1) A school district superintendent, a designee of the superintendent, or a principal of a school who receives information pursuant to RCW 28A.225.330, 9A.44.138, 13.04.155, 13.40.215, or 72.09.730 shall comply with the notification provisions described in this section. (2) Upon receipt of information described in subsection (1) of this section, a school district superintendent or a designee of the superintendent must provide the received information to the principal of the school where the student is enrolled or will enroll, or if not known, where the student was most recently enrolled. (3)(a) Upon receipt of information about a sex offense as defined in RCW 9.94A.030, the principal must comply with the notification requirements in RCW 9A.44.138. (b) Upon receipt of information about a violent offense as defined in RCW 9.94A.030, any crime under chapter 9.41 RCW, unlawful possession or delivery, or both, of a controlled substance in violation of chapter 69.50 RCW, or a school disciplinary action, the principal, subject to requirements of subsection (4) of this section, has discretion to share the information with a school district staff member if, in the principal's judgment, the information is necessary for: (i) The staff member to supervise the student; (ii) The staff member to provide or refer the student to therapeutic or behavioral health services; or (iii) Security purposes. (4)(a) Upon receipt of information about an adjudication in juvenile court for an unlawful possession of a controlled substance in violation of chapter 69.50 RCW, the principal must notify the student and the parent or legal guardian at least five days before sharing the information with a school district staff member. (b) If either the student or the student's parent or legal guardian objects to the proposed sharing of the information, the student, the student's parent or legal guardian, or both, may, within five business days of receiving notice from the principal, appeal the decision to share the information with staff to the superintendent of the school district in accordance with procedures adopted by the district. (c) The superintendent shall have five business days after receiving an appeal under (b) of this subsection to make a written determination on the matter. Determinations by superintendents under this subsection are final and not subject to further appeal. (d) A principal may not share adjudication information under this subsection with a school district staff member while an appeal is pending. (5) Any information received by school district staff under this section is exempt from disclosure under chapter 42.56 RCW and may not be further disseminated except as provided in RCW 28A.225.330, other statutes or case law, and the family and educational and privacy rights act of 1994 (20 U.S.C. Sec. 1232g et seq.). [ 2020 c 167 s 1.] RCW 28A.320.165 Notice of pesticide use. Schools as defined in RCW 17.21.415 shall provide notice of pesticide use to parents or guardians of students and employees pursuant to chapter 17.21 RCW, upon the request of the parent or guardian. [ 2009 c 556 s 12; 2001 c 333 s 4.] NOTES: Effective date— RCW 28A.320.168 Curricula—Mandatory instruction in sex trafficking awareness and prevention. (1) Beginning no later than the 2025-26 school year, school districts must offer instruction in sex trafficking awareness and prevention. The instruction may be offered beginning in grade seven, but each student must be offered the instruction at least once before completing grade 12. The instruction, at the discretion of the school or school district, may be integrated into a relevant course or a course may be repurposed to include the instruction. (2) Subject to the availability of amounts appropriated for this specific purpose, on or before June 30, 2024, the office of the superintendent of public instruction must review curricula related to the awareness and prevention of sex trafficking. (3) To the extent practicable, the office of the superintendent of public instruction must make available in the library of openly licensed courseware under RCW 28A.300.803, curricular resources related to the awareness and prevention of sex trafficking that include: (a) Information about the race, gender, and socioeconomic status of sex trafficking victims and perpetrators; (b) Medically and legally accurate definitions of sex trafficking, and information about term stigmatization and how it may reduce reporting and increase the difficulty of detecting and prosecuting sex trafficking crimes; (c) Information about reporting systems and community engagement opportunities with local, state, or national organizations against sex trafficking, and basic identification training to determine if an individual is at risk of or has been sex trafficked; and (d) Information to help students recognize the signs and behavior changes in others that may indicate grooming for sex trafficking or other unlawful, coercive relationships. (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 established under chapter 28A.715 RCW to the same extent as it applies to school districts. [ 2023 c 328 s 2.] NOTES: Findings— RCW 28A.320.170 Curricula—Tribal history and culture. (1)(a) Beginning July 24, 2015, when a school district board of directors reviews or adopts its social studies curriculum, it shall incorporate curricula about the history, culture, and government of the nearest federally recognized Indian tribe or tribes, so that students learn about the unique heritage and experience of their closest neighbors. (b) School districts shall meet the requirements of this section by using the John McCoy (lulilaš) since time immemorial curriculum developed and made available free of charge by the office of the superintendent of public instruction and may modify that curriculum in order to incorporate elements that have a regionally specific focus or to incorporate the curriculum into existing curricular materials. (2) As they conduct regularly scheduled reviews and revisions of their social studies and history curricula, school districts shall collaborate with any federally recognized Indian tribe within their district, and with neighboring Indian tribes, to incorporate expanded and improved curricular materials about Indian tribes, and to create programs of classroom and community cultural exchanges. (3) School districts shall collaborate with the offic