title: RCW 28A.320.127

text:
(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.300.2851 was decodified pursuant to 2025 c 58 s 1010.
Finding—Intent—2013 c 197: See note following RCW 43.20A.765.
Findings—Intent—2013 c 197: See note following RCW 28A.410.226.
Civil liability—2013 c 197: See RCW 28A.310.501.

catchline: Plan for recognition, screening, and response to emotional or behavioral distress in students, including possible sexual abuse.


doc_type: statute

jurisdiction: wa

title: RCW 28A.320.1271

text:
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—Intent—2019 c 333: See note following RCW 28A.300.630.
Intent—2019 c 333: See note following RCW 28A.320.124.
Finding—Intent—2013 c 197: See note following RCW 43.20A.765.
Findings—Intent—2013 c 197: See note following RCW 28A.410.226.
Civil liability—2013 c 197: See RCW 28A.310.501.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Model school district plan for recognition, initial screening, and response to emotional or behavioral distress in students.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 28A.320.128

text:
(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.]

catchline: Notice and disclosure policies—Threats of violence—Student conduct—Immunity for good faith notice—Penalty.


title: RCW 28A.320.130

text:
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.]

catchline: Weapons incidents—Reporting.


title: RCW 28A.320.135

text:
(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—Intent—2026 c 225: "(1) The legislature finds that student use of mobile devices in schools has had a multitude of negative effects on student outcomes. Mobile devices can be a constant distraction that disrupts the learning environment for all students. According to a study from the London School of Economics and Political Science, and as replicated by other researchers, the mere presence of a smartphone by a neighboring student lowers a nonphone student's test performance by about six percent. A study from the University of California, Irvine showed that it can take 20 minutes for students to refocus after each phone distraction and a separate study by the pew research center found that 72 percent of high school teachers in the United States say that cell phone distraction is a major problem in their classroom.
(2) The legislature further finds that mobile devices can increase harm to students' mental health either by recording students without consent or through increased cyberbullying. Washington students are still recovering from the massive effects of school closures during the COVID-19 pandemic, including severe learning loss and troubling trends in student mental health.
(3) The legislature recognizes the need for students to learn how to safely, ethically, responsibly, and effectively use technology through digital citizenship and media literacy in schools and for school policies to support best practices when it comes to the use of technology.
(4) The legislature intends to build on this learning and help public schools implement best practices by providing research on student use of mobile devices and recommended best practice strategies for teaching students how to use their mobile devices responsibly. The legislature further intends to review information on the policies and procedures that public schools are adopting regarding student use of mobile devices and understand the barriers that public schools experience implementing these policies and procedures. The legislature will then consider the office of the superintendent of public instruction's evidence-based recommendations related to student mobile device use with a goal of enabling every school district in Washington to implement a bell-to-bell cell phone policy that is tailored to the needs of their community by 2030." [ 2026 c 225 s 1.]
Findings—Intent—Severability—1997 c 266: See notes following RCW 28A.600.455.

catchline: Telecommunication and mobile devices—Limits on possession and use—Policies and procedures—Definitions.


title: RCW 28A.320.140

text:
(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—Intent—Severability—1997 c 266: See notes following RCW 28A.600.455.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.

catchline: Schools with special standards—Dress codes.


title: RCW 28A.320.142

text:
(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—Intent—Short title—2016 c 157: See notes following RCW 28A.300.540.

catchline: Unaccompanied and homeless youth—Building point of contact—Duty of district liaison for students experiencing homelessness.


title: RCW 28A.320.145

text:
(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.320.147 was repealed by 2017 c 275 s 2.
Finding—Intent—Short title—2016 c 157: See notes following RCW 28A.300.540.
Findings—Intent—2014 c 212: See note following RCW 28A.300.540.

catchline: Homeless students—Support.


title: RCW 28A.320.148

text:
(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—2021 c 95: "The legislature acknowledges that students in foster care often face additional challenges, both academically and emotionally. When students are connected with a caring adult, are attending school regularly, and have the supports they need, they are more likely to be successful in school and in life. Schools, child welfare agencies, communities, and families must work together to provide the equitable opportunities, specialized services, and useful supports that are essential for students in foster care. By establishing a building point of contact, the legislature intends to further support coordination of resources and facilitation of compliance with state and federal laws related to students who are dependent pursuant to chapter 13.34 RCW." [ 2021 c 95 s 1.]
Effective date—2018 c 139: See note following RCW 28A.225.350.

catchline: Foster care liaison—Building point of contact.


title: RCW 28A.320.155

text:
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.]

catchline: Criminal history record information—School volunteers.


title: RCW 28A.320.160

text:
(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—2025 c 369: See note following RCW 28A.320.209.
Findings—2004 c 29: See note following RCW 28A.400.301.

catchline: Alleged physical or sexual abuse, sexual misconduct, or assault by school employee or contractor—Parental notification—Information on public records act.


title: RCW 28A.320.163

text:
(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.]

catchline: Notifications—Appeals.


title: RCW 28A.320.165

text:
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—2001 c 333: See note following RCW 17.21.020.

catchline: Notice of pesticide use.


title: RCW 28A.320.168

text:
(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—2023 c 328: "The legislature recognizes that:
(1) The United States has the second largest concentration of past and current trafficking victims, and Washington state is currently the sixth largest epicenter of sex trafficking in the United States.
(2) More than 45 percent of all sex trafficking victims are minors and attending our nation's schools every day.
(3) Currently, most trafficking avoids detection, with one study from the national institute of justice finding that "fewer than half of all suspected traffickers in the United States had been arrested." Recent national institute of justice supported research reveals that labor and sex trafficking data appearing in the federal bureau of investigation's national uniform crime reporting program may significantly understate the extent of trafficking crimes in the United States.
(4) The undefined nature of human trafficking contributes to widespread ignorance for public agencies in a position to address the crime. Sixty percent of state and local prosecutors nationwide "do not consider trafficking a problem in their jurisdictions," and over 70 percent of local, state, and county law enforcement agencies wrongly "view human trafficking as rare or nonexistent" in their local communities.
(5) Nearly half of prosecutors and law enforcement agencies across the country are unaware of specific existing antitrafficking laws or definitions that constitute acts of human trafficking, which manifests in current ineffective mitigation strategies.
(6) Child sex trafficking survivors are disproportionately girls of color. In King county, 52 percent of all child sex trafficking victims are black and 84 percent of youth victims are female, while black girls comprise 1.1 percent of the population.
(7) Sex traffickers are not overgeneralized to any demographic but are disproportionately white men. In King county, 80 percent of sex traffickers are white men.
(8) Females of color bear the brunt of prostitution imprisonment as a result of sexual violence in sex trafficking due to mandatory arrests. For example, Latinx women account for nearly 61 percent of juvenile prostitution arrests. By contrast, sex traffickers face little to no consequences for their role in exploitation.
(9) Twenty-five service agencies participated in a 2007 survey. Nineteen of these agencies provided information that aligned with what are understood to be "red-flag" indicators of trafficking situations. Victimization and human trafficking are considerable concerns for eastern Washington, particularly Spokane, and there is a wide spectrum of trafficking activities that include sex slavery, forced prostitution, forced panhandling, farm labor, janitorial work, and domestic servitude.
(10) On any given day, between 300 and 500 people, some as young as 11 years old, are trafficked in the Puget Sound area for labor or sex.
(11) Intersectional, accurate, and actionable sex trafficking education is necessary to enable all students to break down stereotypes of affected parties in sex trafficking and provide them with tools for identifying and combatting this crime." [ 2023 c 328 s 1.]

catchline: Curricula—Mandatory instruction in sex trafficking awareness and prevention.


title: RCW 28A.320.170

text:
(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 office of the superintendent of public instruction on curricular areas regarding tribal government and history that are statewide in nature, such as the concept of tribal sovereignty and the history of federal policy towards federally recognized Indian tribes. The program of Indian education within the office of the superintendent of public instruction shall help local school districts identify federally recognized Indian tribes whose reservations are in whole or in part within the boundaries of the district and/or those that are nearest to the school district.
[ 2024 c 200 s 2; 2015 c 198 s 2; 2005 c 205 s 4.]
Notes:
Findings—Intent—2015 c 198: "The legislature recognizes the need to reaffirm the state's commitment to educating the citizens of our state, particularly the youth who are our future leaders, about tribal history, culture, treaty rights, contemporary tribal and state government institutions and relations and the contribution of Indian nations to the state of Washington. The legislature recognizes that this goal has yet to be achieved in most of our state's schools and districts. As a result, Indian students may not find the school curriculum, especially Washington state history curriculum, relevant to their lives or experiences. In addition, many students may remain uninformed about the experiences, contributions, and perspectives of their tribal neighbors, fellow citizens, and classmates. The legislature finds that more widespread use of the Since Time Immemorial curriculum developed by the office of the superintendent of public instruction and available free of charge to schools would contribute greatly towards helping improve school's history curriculum and improve the experiences Indian students have in our schools. Accordingly, the legislature finds that merely encouraging education regarding Washington's tribal history, culture, and government is not sufficient, and hereby declares its intent that such education be mandatory in Washington's common schools." [ 2015 c 198 s 1.]
Intent—Findings—2005 c 205: "It is the intent of the legislature to promote the full success of the centennial accord, which was signed by state and tribal government leaders in 1989. As those leaders declared in the subsequent millennial accord in 1999, this will require "educating the citizens of our state, particularly the youth who are our future leaders, about tribal history, culture, treaty rights, contemporary tribal and state government institutions and relations and the contribution of Indian nations to the state of Washington." The legislature recognizes that this goal has yet to be achieved in most of our state's schools and districts. As a result, Indian students may not find the school curriculum, especially Washington state history curriculum, relevant to their lives or experiences. In addition, many students may remain uninformed about the experiences, contributions, and perspectives of their tribal neighbors, fellow citizens, and classmates. The legislature further finds that the lack of accurate and complete curricula may contribute to the persistent achievement gap between Indian and other students. The legislature finds there is a need to establish collaborative government-to-government relationships between elected school boards and tribal councils to create local and/or regional curricula about tribal history and culture, and to promote dialogue and cultural exchanges that can help tribal leaders and school leaders implement strategies to close the achievement gap." [ 2005 c 205 s 1.]

catchline: Curricula—Tribal history and culture.


title: RCW 28A.320.171

text:
(1) The legislature recognizes the tireless and visionary efforts of John McCoy to support student and educator learning about the history, culture, and government of federally recognized Indian tribes in the Pacific Northwest.
(2) In 2005, John McCoy, whose traditional name in Lushootseed is lulilaš, sponsored Substitute House Bill No. 1495. The enacted legislation began the statewide process of incorporating information about tribal history, culture, and government into social studies courses in which Washington or United States history is taught. The resulting instructional materials have become known as the since time immemorial curriculum.
(3) The legislature, therefore, intends to honor the efforts of John McCoy by naming the curriculum used to support his vision as the John McCoy (lulilaš) since time immemorial curriculum.
[ 2024 c 200 s 1.]

catchline: Designating John McCoy (lulilaš) since time immemorial curriculum.


title: RCW 28A.320.172

text:
Chapter 200, Laws of 2024 shall be known and cited as the John McCoy (lulilaš) memorial tribal history, culture, and government act.
[ 2024 c 200 s 5.]

catchline: Short title—2024 c 200.


title: RCW 28A.320.173

text:
(1) Public schools may develop curricula that:
(a) Links student learning with engagement in seasonal or nonseasonal outdoor-based activities, including activities related to academic requirements in science, health and fitness, and career and technical education;
(b) Aligns with the *essential academic learning requirements under RCW 28A.655.070 that are a component of the state's instructional program of basic education; and
(c) Includes locally administered competency-based assessments that align with the Washington state learning standards.
(2) Public schools that develop curricula under this section may request authorization from the superintendent of public instruction as provided in RCW 28A.300.790 to consider student participation in seasonal or nonseasonal outdoor-based activities as instructional days for the purposes of basic education requirements established in RCW 28A.150.220(5).
[ 2018 c 266 s 409.]
Notes:
*Reviser's note: The term "essential academic learning requirements" in RCW 28A.655.070 was changed to "state learning standards" by 2019 c 252 s 119.

catchline: Curricula—Outdoor-based activities.


title: RCW 28A.320.175

text:
(1) No later than the beginning of the 2008-09 school year and thereafter, each school district shall collect and electronically submit to the office of the superintendent of public instruction, in a format and according to a schedule prescribed by the office, the following data for each class or course offered in each school:
(a) The certification number or other unique identifier associated with the teacher's certificate for each teacher assigned to teach the class or course, including reassignments that may occur during the school year; and
(b) The statewide student identifier for each student enrolled in or being provided services through the class or course.
(2) No later than the beginning of the 2014-15 school year, the data under subsection (1) of this section must also include dates of teacher assignments and reassignments.
[ 2014 c 161 s 1; 2007 c 401 s 4.]
Notes:
Findings—2007 c 401: See note following RCW 28A.300.500.

catchline: School data—Collection and submission to the office of the superintendent of public instruction.


title: RCW 28A.320.180

text:
(1) Subject to funding appropriated for this purpose and beginning in the fall of 2009, school districts shall provide all high school students enrolled in the district the option of taking the mathematics college readiness test developed under *RCW 28B.10.679 once at no cost to the students. Districts shall encourage, but not require, students to take the test in their junior or senior year of high school.
(2) Subject to funding appropriated for this purpose, the office of the superintendent of public instruction shall reimburse each district for the costs incurred by the district in providing students the opportunity to take the mathematics placement test.
[ 2007 c 396 s 11; (2009 c 556 s 13 expired July 1, 2011).]
Notes:
*Reviser's note: RCW 28B.10.679 was amended by 2015 c 55 s 206, removing the mathematics college readiness test.
Expiration date—2009 c 556 ss 11, 13, and 15: See note following RCW 28A.300.525.
Captions not law—2007 c 396: See note following RCW 28A.305.215.
Finding—Intent—2007 c 396: See note following RCW 28A.188.020.

catchline: Mathematics college readiness test—Costs.


title: RCW 28A.320.185

text:
(1) School districts may operate school gardens or farms, as appropriate, for the purpose of growing fruits and vegetables to be used for educational purposes and, where appropriate, to be offered to students through the district nutrition services meal and snack programs. All such foods used in the district's meal and snack programs shall meet appropriate safety standards.
(2) If a school operates a school garden or farm, students representing various student organizations, including but not limited to vocational programs such as the FFA and 4-H, shall be given the opportunity to be involved in the operation of a school garden or farm.
(3) When school gardens or farms are used to educate students about agricultural practices, students shall be afforded the opportunity to learn about both organic and conventional growing methods.
[ 2008 c 215 s 7.]
Notes:
Findings—Intent—Short title—Captions not law—Conflict with federal requirements—2008 c 215: See notes following RCW 15.64.060.

catchline: School gardens or farms.


title: RCW 28A.320.190

text:
(1) The extended learning opportunities program is created for eligible ninth through twelfth grade students who are not on track to meet local or state graduation requirements as well as eighth grade students who need additional assistance in order to have the opportunity for a successful entry into high school. The program shall provide early notification of graduation status and information on education opportunities including preapprenticeship programs that are available.
(2) Under the extended learning opportunities program and to the extent funds are available for that purpose, districts shall make available to students in grade twelve who have failed to meet one or more local or state graduation requirements the option of continuing enrollment in the school district in accordance with RCW 28A.225.160. Districts are authorized to use basic education program funding to provide instruction to eligible students under RCW 28A.150.220(5).
(3) Under the extended learning opportunities program, instructional services for eligible students can occur during the regular school day, evenings, on weekends, or at a time and location deemed appropriate by the school district, including the educational service district, in order to meet the needs of these students. Instructional services provided under this section do not include services offered at private schools. Instructional services can include, but are not limited to, the following:
(a) Individual or small group instruction;
(b) Attendance in a public high school or public alternative school classes or at a skill center;
(c) Inclusion in remediation programs, including summer school;
(d) Language development instruction for English language learners;
(e) Online curriculum and instructional support, including programs for credit retrieval and statewide student assessment preparatory classes; and
(f) Reading improvement specialists available at the educational service districts to serve eighth through twelfth grade educators through professional development in accordance with *RCW 28A.415.350. The reading improvement specialist may also provide direct services to eligible students and those students electing to continue a fifth year in a high school program who are still struggling with basic reading skills.
[ 2021 c 111 s 11; 2019 c 252 s 113; 2009 c 578 s 2; 2008 c 321 s 3.]
Notes:
*Reviser's note: RCW 28A.415.350 was repealed by 2026 c 190 s 11.
Finding—Intent—Effective date—2021 c 111: See notes following RCW 28A.300.139.
Intent—2019 c 252: See note following RCW 28A.230.710.
Findings—2008 c 321: "The legislature finds that high school students need to graduate with the skills necessary to be successful in college and work. The state graduation requirements help to ensure that Washington high school graduates have the basic skills to be competitive in a global economy. Under education reform started in 1993, time was to be the variable, obtaining the skills was to be the constant. Therefore, students who need additional time to gain the academic skills needed for college and the workplace should have the opportunities they need to reach high academic achievement, even if that takes more than the standard four years of high school.
Different students face different challenges and barriers to their academic success. Some students struggle to meet the standard on a single portion of the Washington assessment of student learning while excelling in the other subject areas; other students struggle to complete the necessary state or local graduation credits; while still others have their knowledge tested on the assessments and have completed all the credit requirements but are struggling because English is not their first language. The legislature finds that many of these students need additional time and support to achieve academic proficiency and meet all graduation requirements." [ 2008 c 321 s 1.]

catchline: Extended learning opportunities program.


title: RCW 28A.320.191

text:
For the program of early learning established in RCW 43.216.555, school districts:
(1) Shall work cooperatively with program providers to coordinate the transition from preschool to kindergarten so that children and their families are well-prepared and supported; and
(2) May contract with the department of children, youth, and families to deliver services under the program.
[ 2017 3rd sp.s. c 6 s 219; 2010 c 231 s 5.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.

catchline: Program of early learning under RCW 43.216.555.


title: RCW 28A.320.192

text:
(1) School districts must incorporate the procedures in this section for the purpose of eliminating barriers and facilitating the on-time grade level progression and graduation of students who are homeless as described in RCW 28A.300.542, students who are the subject of a dependency proceeding, at-risk youth or children in need of services pursuant to chapter 13.32A RCW, and students who are in or have been released from an institutional education facility.
(2) School districts must waive specific courses required for graduation if similar coursework has been satisfactorily completed in another school district or must provide reasonable justification for denial. Should a waiver not be granted to a student who would qualify to graduate from the sending school district, the receiving school district must provide an alternative means of acquiring required coursework so that graduation may occur on time.
(3) School districts must consolidate partial credit, unresolved, or incomplete coursework and provide opportunities for credit accrual in a manner that eliminates academic and nonacademic barriers for the student.
(4) For students in or released from an institutional education facility, school districts must provide students with access to world language proficiency tests, American sign language proficiency tests, and general education development tests. Access to the tests may not be conditioned or otherwise dependent upon a student's request. School districts must award at least one high school credit to students upon meeting the standard established by the state board of education under subsection (9) of this section on a world language or American sign language proficiency test or a general education development test. Additional credits may be awarded by the district if a student has completed a course or courses of study to prepare for the test. If the school district has a local policy for awarding mastery-based credit on state or local assessments, the school district must apply this policy for students in or released from an institutional education facility.
(5) For students who have been unable to complete an academic course and receive full credit due to withdrawal or transfer, school districts must grant partial credit for coursework completed before the date of withdrawal or transfer and the receiving school must accept those credits, apply them to the student's academic progress or graduation or both, and allow the student to earn credits regardless of the student's date of enrollment in the receiving school.
(6) Should a student who is transferring at the beginning or during the student's junior or senior year be ineligible to graduate from the receiving school district after all alternatives have been considered, the sending and receiving districts must ensure the receipt of a diploma from the sending district if the student meets the graduation requirements of the sending district.
(7) The superintendent of public instruction shall adopt and distribute to all school districts lawful and reasonable rules prescribing the substantive and procedural obligations of school districts to implement these provisions.
(8) Should a student have enrolled in three or more school districts as a high school student and have met state requirements but be ineligible to graduate from the receiving school district after all alternatives have been considered, the receiving school district must waive its local requirements and ensure the receipt of a diploma.
(9) The state board of education, in consultation with the office of the superintendent of public instruction, shall identify the scores students must achieve in order to meet the standard on world language or American sign language proficiency tests and general education development tests in accordance with subsection (4) of this section.
(10) For the purposes of this section, "institutional education facility" and "school district" have the same meaning as in RCW 28A.190.005.
(11) 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 6; 2021 c 164 s 4. Prior: 2017 c 166 s 1; 2017 c 40 s 1; 2012 c 163 s 7.]
Notes:
Findings—Intent—2021 c 164: See note following RCW 28A.190.005.
Findings—Effective date—2012 c 163: See notes following RCW 28B.117.010.

catchline: On-time grade level progression and graduation of students who are homeless, subject to a dependency proceeding, at-risk youth or children, or have been released from an institutional education facility—Rules.


title: RCW 28A.320.193

text:
By September 1, 2013, each school district shall adopt a policy that is supportive of community service and provides an incentive, such as recognition or credit, for students who participate in community service.
[ 2013 c 176 s 2.]
Notes:
Finding—2013 c 176: "The legislature finds that volunteering connects students to their communities and provides an opportunity for students to practice and apply their academic and social skills in preparation for entering the workforce. Community service can better prepare and inspire students to continue their education beyond high school. Community service is also associated with increased civic awareness and participation by students." [ 2013 c 176 s 1.]

catchline: Community service—Policy—Incentive.


title: RCW 28A.320.195

text:
(1) By the 2021-22 school year, each school district board of directors shall adopt an academic acceleration policy for high school students as provided under this section.
(2) Under an academic acceleration policy:
(a) The district shall automatically enroll any student who meets or exceeds the state standard on the eighth grade or high school English language arts or mathematics statewide student assessment in the next most rigorous level of advanced courses or program offered by the high school that aligns with the student's high school and beyond plan goals.
(b) Each school district may include additional eligibility criteria for students to participate in the academic acceleration policy so long as the district criteria does not create inequities among student groups in the advanced course or program.
(3)(a) The subject matter of the advanced courses or program in which a student is automatically enrolled depends on the content area or areas of the assessments where the student has met or exceeded the state standard under subsection (2) of this section.
(b) Students who meet or exceed the state standard on the English language arts statewide student assessment are eligible for enrollment in advanced courses in English, social studies, humanities, and other related subjects.
(c) Students who meet or exceed the state standard on the mathematics statewide student assessment are eligible for enrollment in advanced courses in mathematics.
(d) Beginning in the 2021-22 school year, students who meet or exceed the state standard on the Washington comprehensive assessment of science are eligible for enrollment in advanced courses in science.
(4)(a) Students who successfully complete an advanced course in accordance with subsection (3) of this section are then enrolled in the next most rigorous level of advanced course that aligns with the student's high school and beyond plan.
(b) Students who successfully complete the advanced course in accordance with this subsection are then enrolled in the next most rigorous level of advanced course with the objective that students will eventually be automatically enrolled in courses that offer the opportunity to earn dual credit for high school and college.
(5) The district must notify students and parents or guardians regarding the academic acceleration policy and the advanced courses or programs available to students, including dual credit courses or programs.
(6) The district must provide a parent or guardian of a high school student with an opportunity to opt the student out of the academic acceleration policy and enroll the student in an alternative course or program that aligns with the student's high school and beyond plan goals.
[ 2019 c 252 s 502; 2013 c 184 s 2.]
Notes:
Intent—2019 c 252: See note following RCW 28A.230.710.
Findings—2013 c 184: "(1) The legislature finds that progress is being made in making dual high school and college credit courses available for students:
(a) Overall dual credit program enrollments increased by almost four percent between 2009 and 2012;
(b) The number of dual credit programs offered by Washington high schools increased by almost fifteen percent between the 2009-10 school year and the 2011-12 school year; and
(c) Dual credit program participation rates for low-income students increased more than fourteen percent between the 2009-10 school year and the 2011-12 school year.
(2) However, the legislature further finds that more can be done to promote academic acceleration for all students and eliminate barriers, real or perceived, that may prevent students from enrolling in rigorous advanced courses, including dual credit courses." [ 2013 c 184 s 1.]

catchline: Academic acceleration for high school students—Adoption of policy.


title: RCW 28A.320.196

text:
(1) Subject to funds appropriated specifically for this purpose, the academic acceleration incentive program is established as provided in this section. The intent of the legislature is that the funds awarded under the program be used to support teacher training, curriculum, technology, examination fees, textbook fees, and other costs associated with offering dual credit courses to high school students, including transportation for running start students to and from the institution of higher education as defined in RCW 28A.600.300.
(2) The office of the superintendent of public instruction shall allocate half of the funds appropriated for the purposes of this section on a competitive basis to provide one-time grants for high schools to expand the availability of dual credit courses. To be eligible for a grant, a school district must have adopted an academic acceleration policy as provided under RCW 28A.320.195. In making grant awards, the office of the superintendent of public instruction must give priority to grants for high schools with a high proportion of low-income students and high schools seeking to develop new capacity for dual credit courses rather than proposing marginal expansion of current capacity.
(3) The office of the superintendent of public instruction shall allocate half of the funds appropriated for the purposes of this section to school districts as an incentive award for each student who earned dual high school and college credit, as described under subsection (4) of this section, for courses offered by the district's high schools during the previous school year. School districts must distribute the award to the high schools that generated the funds. The award amount for low-income students eligible to participate in the federal free and reduced-price meals program who earn dual credits must be set at one hundred twenty-five percent of the base award for other students. A student who earns more than one dual credit in the same school year counts only once for the purposes of the incentive award.
(4) For the purposes of this section, the following students are considered to have earned dual high school and college credit in a course offered by a high school:
(a) Students who achieve a score of three or higher on an AP examination;
(b) Students who achieve a score of four or higher on an examination of the international baccalaureate diploma programme;
(c) Students who successfully complete a Cambridge advanced international certificate of education examination;
(d) Students who successfully complete a course through the college in the high school program under RCW 28A.600.287 and are awarded credit by the partnering institution of higher education; and
(e) Students who satisfy the dual enrollment and class performance requirements to earn college credit through a career and technical education course.
(5) If a high school provides access to online courses for students to earn dual high school and college credit at no cost to the student, such a course is considered to be offered by the high school.
(6) The office of the superintendent of public instruction shall report to the education policy committees and the fiscal committees of the legislature, by January 1st of each year, information about the demographics of the students earning dual credits in the schools receiving grants under this section for the prior school year. Demographic data shall be disaggregated pursuant to RCW 28A.300.042.
[ 2022 c 75 s 4; 2021 c 71 s 4; 2015 c 202 s 2; 2013 c 184 s 3.]
Notes:
Findings—Intent—2015 c 202: "The legislature finds that Washington has been a front-runner in dual credit innovation through the establishment of the running start and college in the high school programs, and has continued to expand student choices in dual credit programs.
In Washington, a range of dual credit or dual enrollment programs are available to students. Dual credit programs, such as running start, college in the high school, tech prep (course completion options), and AP and international baccalaureate and Cambridge (standardized exam options) offer academically prepared students the opportunity to earn college credits while still in high school. Students who participate in these programs achieve improved high school graduation rates and are more likely to continue on to college and complete a degree. In addition, dual credit and dual enrollment programs support students' individual college and career pathways.
The legislature further finds that through the development and implementation of the 2013 road map the student achievement council has identified key barriers that limit access to dual credit programs, particularly for low-income students. Removing these barriers is a critical step toward achieving the state educational attainment goals outlined in the road map.
The legislature recognizes that the decision to enroll in a dual credit program should be made by the student and the student's parents or guardians, in consultation with counselors or academic advisors, and based on the academic, cultural, and developmental needs and college and career goals of the student. The decision to choose one dual credit option over another should not be based on the difference in the costs of one option over another.
In the college in the high school program, credit is awarded based on successful course completion and ability to pay tuition and fees. Under the current college in the high school system, some students may successfully complete the course but do not receive credit because they are unable to pay. Students in the running start program face a different but equally challenging situation. Students in the running start program do not receive funding for books and transportation costs. These financial barriers decrease opportunities for lower income students to benefit from dual credit programs.
Therefore, the legislature intends to increase opportunities for academically prepared high school students to earn up to two years of college credit through dual credit programs, and to reduce disparities in access to, and completion of, these programs. This act provides a new funding model to support tuition in the college in the high school program, and provides flexibility in the academic acceleration incentive program to assist students with transportation and book expenses associated with the running start program. It is the intent of the legislature, once this new funding model is enacted and operational, to establish a distinction between the college in the high school program as a program occurring in high schools and the running start program as a program occurring on a college campus.
The legislature finds that dual credit opportunities are a valuable means of supporting students on their way to successful completion of college and career pathways. The legislature seeks additional recommendations to mitigate financial and other barriers for students enrolled in the running start program, and dual credit programs based on standardized exams." [ 2015 c 202 s 1.]
Contingency—2013 c 184 s 3: "If specific funding for purposes of section 3 of this act, referencing section 3 of this act by bill or chapter and section number, is not provided by June 30, 2013, in the omnibus operating appropriations act, section 3 of this act is null and void." [ 2013 c 184 s 5.] The omnibus appropriations act provided funding for "this act" by bill and chapter but not section number. See section 513(21), chapter 4, Laws of 2013 2nd sp. sess.
Findings—2013 c 184: See note following RCW 28A.320.195.

catchline: Academic acceleration incentive program—Dual credit courses—Allocation of funds—Reports.


title: RCW 28A.320.203

text:
(1) Each school district shall require that report cards for students in kindergarten through fourth grade include information regarding how the student is progressing on acquiring reading skills and whether the student is at grade level in reading.
(2) If a student is not reading at or above grade level, the teacher, with the support of other school personnel as appropriate, must explain to the parent or guardian which interventions and strategies will be used to help improve the student's reading skills and must provide strategies for parents or guardians to assist with improving the student's reading skills at home.
(3) Each school shall report to the school district the number of students in grades kindergarten through four who are reading below grade level and the interventions that are being provided to improve the reading skills of the students, with the information disaggregated by subgroups of students. The school district shall aggregate the reports from the schools and provide the reports to the office of the superintendent of public instruction. The office of the superintendent of public instruction shall submit a statewide report annually to the education committees of the legislature and the educational opportunity gap oversight and accountability committee.
[ 2013 2nd sp.s. c 18 s 104.]
Notes:
Application—Enforcement of laws protecting health and safety—2013 2nd sp.s. c 18: See note following RCW 28A.600.022.

catchline: Reading skills—Report cards.


title: RCW 28A.320.209

text:
(1) It is the policy of the state of Washington that policies and procedures adopted by school districts under this title must prioritize the protection of every student's safety, access to an academic environment free of discrimination, access to the state's statutory program of basic education as defined in RCW 28A.150.203, and privacy, to the fullest extent possible, except as required by state or federal law. This policy serves as a supplement to school district policies and procedures established under this title, both before and after May 20, 2025, and must be considered an integral part of those school district policies and procedures.
(2) The office of the superintendent of public instruction shall develop technical assistance and related materials to assist school districts with the implementation of subsection (1) of this section. The assistance and related materials must include a summary of: The privacy rights of minors; and the licensure or other professional requirements for school district employment classifications, if any, related to protecting student privacy.
(3) The office of the superintendent of public instruction may enforce and obtain compliance with subsection (1) of this section by using the process established in RCW 28A.300.0712 to the extent there is a valid complaint and subsequent finding of willful noncompliance with state law as defined in RCW 28A.300.0711.
(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 as it applies to school districts.
[ 2025 c 369 s 101.]
Notes:
Effective date—2025 c 369: "Except for section 308 of this act, 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 [May 20, 2025]." [ 2025 c 369 s 603.]

catchline: State policy of protection of students' safety, education access, and privacy—Technical assistance provided by superintendent.


title: RCW 28A.320.211

text:
(1) School districts shall annually disseminate discipline policies and procedures to students, families, and the community.
(2) School districts shall use disaggregated data collected pursuant to RCW 28A.300.042 to monitor the impact of the school district's discipline policies and procedures.
(3) School districts, in consultation with school district staff, students, families, and the community, shall periodically review and update their discipline rules, policies, and procedures.
[ 2016 c 72 s 102.]
Notes:
Finding—Intent—2016 c 72: See note following RCW 28A.600.015.

catchline: Discipline policies, procedures, and rules—Dissemination of information—Use of disaggregated data—Review.


title: RCW 28A.320.230

text:
(1) Every board of directors, unless otherwise specifically provided by law, shall:
(a) In accordance with RCW 28A.345.130, prepare, negotiate, set forth in writing and adopt, policy relative to the selection or deletion of instructional materials. Such policy shall:
(i) State the school district's goals and principles relative to instructional materials;
(ii) Delegate responsibility for the preparation and recommendation of teachers' reading lists and specify the procedures to be followed in the selection of all instructional materials including text books;
(iii) Establish an instructional materials committee to be appointed, with the approval of the school board, by the school district's chief administrative officer. This committee shall consist of: Representative members of the district's professional staff, including representation from the district's curriculum development committees; one or more parents of enrolled students, with the parent members equaling less than one-half of the total membership of the committee; and in the case of districts that operate elementary school(s) only, the educational service district superintendent, one of whose responsibilities shall be to assure the correlation of those elementary district adoptions with those of the high school district(s) which serve their children. School districts shall develop and implement comprehensive outreach programs to parents of enrolled students in the district for the purpose of recruiting a diverse pool of parent members for instructional materials committees that reflects the demographics and learning needs in the district to the greatest extent possible;
(iv) Instructional materials committees that are unable to recruit at least one parent of an enrolled student to serve on the committee must, while they are without a parent member, report quarterly to the school district board of directors and the public on their efforts to recruit one or more parents to serve on the committee;
(v) Provide for reasonable notice to parents of the opportunity to serve on the committee and for terms of office for members of the instructional materials committee;
(vi) Provide a system for receiving, considering and acting upon written complaints regarding instructional materials used by the school district. The system required by this subsection (1)(a)(vi) must:
(A) Require that complaints be in writing from a parent or legal guardian of a student who is enrolled in the district and submitted to a principal from a school where the materials that are the subject of the complaint are used;
(B) Seek to resolve complaints through, if requested by the parent or guardian, a meeting with the parent or guardian, a certificated teacher who uses the materials that are the subject of the complaint, and the principal to whom the complaint was submitted;
(C) Require, if a resolution cannot be agreed upon with the parent or guardian and the school principal, the instructional materials committee to provide a written decision on the matter within: (I) 60 days of a meeting held under (a)(vi)(B) of this subsection; or (II) 90 days after the complaint was received by the principal, whichever date is later. Decisions made in accordance with this subsection (1)(a)(vi) must be in conformity with RCW 28A.320.233 and may be limited in application to only the student or students of the parent or guardian who submitted the complaint; and
(D) Provide a process for appealing decisions of the instructional materials committee, by the parent or guardian, a certificated teacher who uses the materials that are the subject of the complaint, or a principal from a school where the materials that are the subject of the complaint are used, to the superintendent of the school district or a designee of the superintendent. Appeal requests must be made in writing and decisions by the superintendent or designee under this subsection are not subject to appeal. Final decisions at any point in the process made in accordance with this subsection (1)(a)(vi) may not be reconsidered for a minimum of three years unless there is a substantive change of circumstances as determined by the superintendent; and
(vii) Provide free text books, supplies and other instructional materials to be loaned to the pupils of the school, when, in its judgment, the best interests of the district will be subserved thereby and prescribe rules and regulations to preserve such books, supplies and other instructional materials from unnecessary damage; and
(b) Establish a depreciation scale for determining the value of texts which students wish to purchase.
(2) Recommendation of instructional materials shall be by the district's instructional materials committee in accordance with district policy. Recommendations made in accordance with this section must include recommendations for culturally and experientially representative instructional materials including materials on the study of the role and contributions of individuals or groups that are part of a protected class under RCW 28A.642.010 and 28A.640.010, but approval or disapproval shall be by the local school district's board of directors.
(3) Districts may pay the necessary travel and subsistence expenses for expert counsel from outside the district. In addition, the committee's expenses incidental to visits to observe other districts' selection procedures may be reimbursed by the school district.
(4) Districts may, within limitations stated in board policy, use and experiment with instructional materials for a period of time before general adoption is formalized.
(5) Within the limitations of board policy, a school district's chief administrator may purchase instructional materials to meet deviant needs or rapidly changing circumstances.
[ 2024 c 316 s 3; 2024 c 157 s 3; 1989 c 371 s 1; 1979 ex.s. c 134 s 2; 1975 1st ex.s. c 275 s 109; 1971 c 48 s 29; 1969 ex.s. c 223 s 28A.58.103. 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. Formerly RCW 28A.58.103, 28.58.100 (8) and (9).]
Notes:
Reviser's note: This section was amended by 2024 c 157 s 3 and by 2024 c 316 s 3, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—2024 c 157: See note following RCW 28A.345.130.
Severability—1971 c 48: See note following RCW 28A.310.250.
Disposal of obsolete or surplus reading materials by school districts and libraries: RCW 39.33.070.
Surplus texts and other educational aids, notice of availability—Student priority as to texts: RCW 28A.335.180.

catchline: Instructional materials—Instructional materials committee—Complaint system.


title: RCW 28A.320.233

text:
(1)(a) Except as provided otherwise by this section, a school district board of directors may not refuse to approve, or prohibit the use of, any textbook, instructional material, supplemental instructional material, or other curriculum for student instruction on the basis that it relates to or includes the study of the role and contributions of any individual or group who is part of a protected class as established in RCW 28A.642.010 and 28A.640.010.
(b) Subsection (1)(a) of this section does not apply if the content of the material relating to the role and contributions of an individual or group violates the provisions of chapter 28A.642 or 28A.640 RCW, including materials containing bias against any individual or group who is part of a protected class as established in RCW 28A.642.010 and 28A.640.010.
(2) Anyone alleging a violation of subsection (1) of this section may bring a complaint under the provisions of chapter 28A.642 or 28A.640 RCW. Any school district board of directors found to be in violation of subsection (1) of this section shall be considered to have violated chapter 28A.642 or 28A.640 RCW and is subject to the provisions of that chapter.
(3) For the purposes of this section, "supplemental instructional materials" has the same meaning as in RCW 28A.320.235.
(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 as it applies to school districts.
[ 2024 c 316 s 1.]

catchline: Student materials—Denial based on protected class prohibited—Complaint procedure.


title: RCW 28A.320.235

text:
(1) By the beginning of the 2025-26 school year, each school district board of directors shall adopt or revise as necessary policies and procedures governing requested reviews and removals of supplemental instructional materials. The policies and procedures must:
(a) Include a summary of, and citation to, the requirements governing supplemental instructional materials established in RCW 28A.320.233;
(b) Require that requests for the review and potential removal of supplemental instructional materials be in writing from a parent and submitted to the applicable certificated teacher or teacher-librarian and school principal;
(c) Seek to resolve requests for reviews and potential removals of supplemental instructional materials at the school building level through, if requested by the parent, a meeting with the parent, the applicable certificated teacher or teacher-librarian, and school principal;
(d) Require, if a resolution cannot be agreed upon with the parent and the school principal, and following a review of the supplemental instructional materials by the principal, in consultation with a teacher-librarian of the school district if one is available, the principal to provide a written decision on whether to remove the materials within: (i) 30 days of the meeting with the parent; or (ii) 60 days of receiving the request under (b) of this subsection if the parent does not request to meet with school personnel as provided in (c) of this subsection; and
(e) Provide a process for appealing decisions of principals, either by the parent or the applicable certificated teacher or teacher-librarian, to the superintendent of the school district or a designee of the superintendent. Appeal requests must be made in writing and decisions by the superintendent or designee under this subsection are not subject to appeal. Final decisions at any point in the process made in accordance with this subsection (1) may not be reconsidered for a minimum of three years unless there is a substantive change of circumstances as determined by the superintendent.
(2) Decisions made in accordance with subsection (1)(d) and (e) of this section must be in conformity with RCW 28A.320.233 and may be limited in application to only the student or students of the parent who submitted the complaint.
(3) For the purposes of this section, the following definitions apply:
(a) "Parent" means a parent or legal guardian of a student who is enrolled in the school or school district;
(b) "Supplemental instructional materials" or "materials" means: (i) Materials in school libraries; and (ii) educational materials that are not expressly required by the school or school district and are instead selected at the discretion of a certificated teacher or teacher-librarian for materials in school libraries; and
(c) "Teacher-librarian" has the same meaning as in RCW 28A.320.240.
(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 as it applies to school districts.
[ 2024 c 316 s 2.]

catchline: Supplemental instructional materials—Policies and procedures—Definitions.


title: RCW 28A.320.240

text:
(1) The purpose of this section is to identify quality criteria for school library information and technology programs that support the student learning goals under RCW 28A.150.210, the *essential academic learning requirements under RCW 28A.655.070, and high school graduation requirements adopted under RCW 28A.230.090.
(2) Every board of directors shall provide resources and materials for the operation of school library information and technology programs as the board deems necessary for the proper education of the district's students or as otherwise required by law or rule of the superintendent of public instruction.
(3) "Teacher-librarian" means a certificated teacher with a library media endorsement under rules adopted by the professional educator standards board.
(4) "School library information and technology program" means a school-based program that is staffed by a certificated teacher-librarian and provides a broad, flexible array of services, resources, and instruction that support student mastery of the *essential academic learning requirements and state standards in all subject areas and the implementation of the district's school improvement plan.
(5) The teacher-librarian, through the school library information and technology program, shall collaborate as an instructional partner to help all students meet the content goals in all subject areas, and assist high school students completing high school and beyond plans required for graduation.
(6) The teacher-librarian's duties may include, but are not limited to, collaborating with his or her schools to:
(a) Integrate information and technology into curriculum and instruction, including but not limited to instructing other certificated staff about using and integrating information and technology literacy into instruction through workshops, modeling lessons, and individual peer coaching;
(b) Provide information management instruction to students and staff about how to effectively use emerging learning technologies for school and lifelong learning, as well as in the appropriate use of computers and mobile devices in an educational setting;
(c) Help teachers and students efficiently and effectively access the highest quality information available while using information ethically;
(d) Instruct students in digital citizenship including how to be critical consumers of information and provide guidance about thoughtful and strategic use of online resources; and
(e) Create a culture of reading in the school community by developing a diverse, student-focused collection of materials that ensures all students can find something of quality to read and by facilitating school-wide reading initiatives along with providing individual support and guidance for students.
[ 2015 c 27 s 1; 2014 c 217 s 205; 2006 c 263 s 914; 1969 ex.s. c 223 s 28A.58.104. Prior: (i) 1909 c 97 p 299 s 7; RRS s 4817. Formerly RCW 28.63.040. (ii) 1909 c 97 p 302 s 7; RRS s 4829. Formerly RCW 28A.58.104, 28.63.042.]
Notes:
*Reviser's note: The term "essential academic learning requirements" in RCW 28A.655.070 was changed to "state learning standards" by 2019 c 252 s 119.
Finding—Intent—2014 c 217: See note following RCW 28A.150.220.
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.

catchline: School library information and technology programs—Resources and materials—Teacher-librarians.


title: RCW 28A.320.242

text:
By June 15th of each year, a school district shall report to the office of the superintendent of public instruction the number of classroom teachers hired in the previous school year and the district projects will be hired in the following school year, disaggregated by content area.
[ 2016 c 233 s 13.]
Notes:
Reviser's note: 2016 c 233 s 13 directed that this section be added to chapter 28A.330 RCW, but codification in chapter 28A.320 RCW appears to be more appropriate.

catchline: Teacher hiring data—Reports.


title: RCW 28A.320.245

text:
Before the beginning of the 2019-20 school year, each school district board of directors must adopt a policy for responding to any audit findings resulting from the audits conducted by the state auditor on the use of local revenues by the school district in accordance with RCW 28A.150.276 and 43.09.2856. The policy must require a public hearing by the school district board of directors of the findings of the state auditor within thirty days of the issuance of the findings; and may include progressive disciplinary actions for the district superintendent, which may be implemented by the school district board of directors.
[ 2017 3rd sp.s. c 13 s 504.]
Notes:
Intent—2017 3rd sp.s. c 13: See note following RCW 28A.150.410.
Collective bargaining agreements not impaired—2017 3rd sp.s. c 13: See note following RCW 41.56.139.

catchline: Responses to audit findings on use of local revenues—Policies—Hearings—Disciplinary actions.


title: RCW 28A.320.250

text:
For the purposes of RCW 28A.300.700, * 28A.300.710, 28A.300.720, 28A.320.260, and 28A.320.270, "dyslexia" means a specific learning disorder that is neurological in origin and that is characterized by unexpected difficulties with accurate or fluent word recognition and by poor spelling and decoding abilities that are not consistent with the person's intelligence, motivation, and sensory capabilities. These difficulties typically result from a deficit in the phonological components of language that is often unexpected in relation to other cognitive abilities. In addition, the difficulties are not typically a result of ineffective classroom instruction. Secondary consequences may include problems in reading comprehension and reduced reading experience that can impede growth of vocabulary and background knowledge.
[ 2018 c 75 s 1.]
Notes:
*Reviser's note: RCW 28A.300.710 expired August 1, 2023.

catchline: Dyslexia definition.


title: RCW 28A.320.260

text:
(1) Beginning in the 2021-22 school year, and as provided in this section, each school district must use a multitiered system of supports to provide interventions to students in kindergarten through grade two who display indications of, or areas of weakness associated with, dyslexia. In order to provide school districts with the opportunity to intervene before a student's performance falls significantly below grade level, school districts must screen students in kindergarten through grade two for indications of, or areas associated with, dyslexia as provided in this section.
(2)(a) School districts must use screening tools and resources that exemplify best practices, as described under RCW 28A.300.700.
(b) School districts may use the screening tools and resources identified by the superintendent of public instruction in accordance with RCW 28A.300.700.
(3)(a) If a student shows indications of below grade level literacy development or indications of, or areas of weakness associated with, dyslexia, the school district must provide interventions using an evidence-based multitiered system of supports, consistent with the best practices made available by the superintendent of public instruction under RCW 28A.300.720, and as required under this subsection (3).
(b) The interventions must be evidence-based multisensory structured literacy interventions and must be provided by an educator trained in instructional methods specifically targeting students' areas of weakness.
(c) Whenever possible, a school district must begin by providing student supports in the general education classroom. If screening tools and resources indicate that, after receiving the initial tier of student support, a student requires interventions, the school district may provide the interventions in either the general education classroom or a learning assistance program setting. If after receiving interventions, further screening tools and resources indicate that a student continues to have indications of, or areas of weakness associated with, dyslexia, the school district must recommend to the student's parents and family that the student be evaluated for dyslexia or a specific learning disability.
(4) For a student who shows indications of, or areas of weakness associated with, dyslexia, each school district must notify the student's parents and family of the identified indicators and areas of weakness, as well as the plan for using a multitiered system of supports to provide supports and interventions. The initial notice must also include the dyslexia handbook developed by the superintendent of public instruction under RCW 28A.300.570. The school district must regularly update the student's parents and family of the student's progress.
(5) School districts may use state funds provided under chapter 28A.165 RCW to meet the requirements of this section.
[ 2026 c 190 s 9; 2018 c 75 s 2.]
Notes:
Findings—Intent—2026 c 190: See note following RCW 28A.230.025.

catchline: Dyslexia interventions.


title: RCW 28A.320.270

text:
Beginning with the 2018-19 school year, as part of the annual student assessment inventory, school districts that screen students for indicators of, or areas of weakness associated with, dyslexia must report the number of students and grade levels of the students screened, disaggregated by student subgroups. Each school district must aggregate the school reports and submit the aggregated report to the office of the superintendent of public instruction. The office of the superintendent of public instruction and the dyslexia advisory council convened under *RCW 28A.300.710 must use this data when developing best practice recommendations in accordance with RCW * 28A.300.710 and 28A.300.720.
[ 2018 c 75 s 6.]
Notes:
*Reviser's note: RCW 28A.300.710 expired August 1, 2023.

catchline: Dyslexia reporting requirements.


title: RCW 28A.320.280

text:
The school counselor works with developing and leading a comprehensive guidance and counseling program to focus on the academic, career, personal, and social needs of all students. School psychologists carry out special education evaluation duties, among other things. School social workers promote and support students' health, academic, and social success with counseling and support, and by providing and coordinating specialized services and resources. All of these professionals are also involved in multitiered systems of support for academic and behavioral skills. These professionals focus on student mental health, work with at-risk and marginalized students, perform risk assessments, and collaborate with mental health professionals to promote student achievement and create a safe learning environment. In order that school counselors, social workers, and psychologists have the time available to prioritize these functions, in addition to other activities requiring direct student contact, responsibilities such as data input and data tracking should be handled by nonlicensed, noncertified staff, where possible.
[ 2018 c 200 s 2.]
Notes:
Findings—Intent—Civil liability—2018 c 200: See notes following RCW 28A.320.290.

catchline: School counselors, social workers, and psychologists—Priorities.


title: RCW 28A.320.290

text:
(1) Within existing resources, beginning in the 2019-20 school year, first-class school districts must provide a minimum of six hours of professional collaboration per year, preferably in person, for school counselors, social workers, and psychologists that focuses on the following: Recognizing signs of emotional or behavioral distress in students, including but not limited to indicators of possible substance abuse, violence, and youth suicide, screening, accessing current resources, and making appropriate referrals. Teachers may also participate in this professional collaboration, as deemed appropriate and allowed by their building administrators. School districts that have mental health centers in their area shall collaborate with local licensed mental health service providers under chapter 71.24 RCW. Those districts without a mental health center in their area shall collaborate via telephone or other remote means that allow for dialogue and discussion. By collaborating with local providers in this manner, educational staff associates get to collaborate in short but regular segments, in their own schools or near school district facilities, and school districts are not put in a position that they must obtain substitutes or otherwise expend additional funds. This local connection will also help foster a connection between school personnel and the mental health professionals in the community to whom school personnel may make referrals, in line with the legislative intent expressed throughout Engrossed Substitute House Bill No. 1336, chapter 197, Laws of 2013, to form partnerships with qualified health, mental health, and social services agencies in the community to coordinate and improve support for youth in need and the directive to the department of social and health services with respect to the provision of funds for mental health first-aid training targeted at teachers and educational staff.
(2) Second-class districts are encouraged, but not required, to collaborate and provide the professional collaboration as provided in subsection (1) of this section.
[ 2018 c 200 s 4.]
Notes:
Findings—Intent—2018 c 200: "(1) The legislature finds that students' unmet mental health needs pose barriers to learning and development, and ultimately student success in school. The legislature further finds that the need to identify and assist students struggling with emotional and mental health needs has reached a serious level statewide. In order to prioritize students' needs first, the legislature finds that the persons most qualified in the school setting to lead the effort in addressing this epidemic are the school counselor, school social worker, and school psychologist. The legislature further finds that the knowledge-levels and skill-levels of these nonacademic professionals must be increased in order to enhance mental health-related student support services.
(2) The legislature further finds that in chapter 175, Laws of 2007, appropriate acknowledgment was given to the fact that a professional school counselor is not just a course and career guidance professional, but a certificated educator with unique qualifications and skills to address all students' academic, personal, social, and career development needs, and that school counselors serve a vital role in maximizing student achievement by supporting a safe learning environment and addressing the needs of all students through prevention and intervention programs that are part of a comprehensive school counseling program. The legislature finds, however, that despite the language in RCW 28A.410.043 that appropriately recognizes that the role of the school counselor is multifaceted, with a focus upon students' mental health needs as well as career guidance needs, the reality in the schools is that counselor staffing levels are well below the national recommendations of one counselor to every two hundred fifty students. As a result, there are not enough counselors in the schools and many school counselors have been tasked primarily with course and career guidance responsibilities at the expense of the mental health side of school counseling. Similarly, school psychologist staffing levels are below the national recommendations of one psychologist to every five hundred to seven hundred students when providing comprehensive school psychological services, and school social worker staffing levels are below the national recommendations of one school social worker to every two hundred fifty students, or one to every fifty students with intensive needs.
(3) The legislature further finds that school counselors, social workers, and psychologists interact with students on a daily basis, thus putting them in a good position to recognize the signs of emotional or behavioral distress and make appropriate referrals. The legislature finds that individuals entering these professions need proper preparation to respond to the mental health and safety needs of students. The legislature further finds that they need ongoing professional development to address students' mental health needs and get students the help they need. The legislature further finds that Engrossed Substitute House Bill No. 1336, which became chapter 197, Laws of 2013, increased the capacity of school districts and their personnel to recognize and respond to youth in need through comprehensive planning and additional training, but that additional opportunities for collaboration on a regular and ongoing basis are in order. By providing professional collaboration opportunities with local mental health service providers at the school district level to school counselors, social workers, and psychologists, the legislature intends to take the next step toward enabling these professionals to recognize and respond with skill and confidence to the signs of emotional or behavioral distress that they observe in students and make the appropriate referrals to evidence-based behavioral health services." [ 2018 c 200 s 1.]
Civil liability—2018 c 200: "This act does not create any civil liability on the part of the state or any state agency, officer, employee, agent, political subdivision, or school district." [ 2018 c 200 s 6.]

catchline: School counselors, social workers, and psychologists—Professional collaboration.


title: RCW 28A.320.292

text:
(1) Within existing resources, each school district that maintains a website must post a prominent link on their homepage, and the homepage for each school within the district, to information from the department of health provided in accordance with RCW 70.54.490 that addresses substance use trends, overdose symptoms and response, and the secure storage of prescription drugs, over-the-counter medications, and firearms and ammunition.
(2) Each school district, for the purpose of informing students, families, and other interested persons about available health and safety resources, must also make the information from the department of health accessible through other internet-based communications, such as social media accounts used by the district and through other digital and nondigital communications of the district. Postings required by this subsection may be made multiple times annually and no less frequently than twice each school year.
(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 compact schools established under chapter 28A.715 RCW.
[ 2023 c 173 s 2.]
Notes:
Findings—Intent—2023 c 173: See note following RCW 70.54.490.

catchline: Posting of department of health information.