title: RCW 28A.190.140

text:
(1) Subject to the availability and sufficiency of amounts appropriated for this specific purpose in addition to the amounts appropriated through the institutional education funding formulas specified in the omnibus appropriations act, and subject to staffing availability, each school district operating an institutional education program for youth in state long-term juvenile institutions must provide an opportunity to access an elective computer science course in accordance with RCW 28A.230.300(1).
(2) If, due to facility or technology security limitations, a school district cannot provide a computer science course that is fully aligned with all state computer science learning standards, the school district must adapt the course curriculum and instructional activities to align with as many state computer science learning standards as possible.
(3) Each school district operating an institutional education program for youth in state long-term juvenile institutions must annually report the following information to the office of the superintendent of public instruction:
(a) Data indicating the number of students who enrolled in a computer science course in the prior school year, disaggregated by gender, race, ethnicity, and age;
(b) A brief description of each computer science course and whether the course is fully aligned to state computer science learning standards; and
(c) A brief description of any facility or technology security limitations that prevent the school district from offering a course fully aligned with state computer science learning standards, and the actions the district is taking to address those limitations.
[ 2022 c 234 s 2.]
Notes:
Intent—2022 c 234: "The legislature recognizes the benefit of computer science and computational thinking in education, not only with respect to educational development, but also in cultivating the skills needed to compete and excel in our state's career landscape. The legislature also recognizes the heightened importance of providing access to computer science education to youth in secure facilities, where access to innovative and engaging learning experiences can: (1) Build in-demand skills to prepare students for future employment; (2) help students transition back to their communities following incarceration; and (3) prevent recidivism. However, the legislature understands that state long-term juvenile institutions have unique environmental and facility limitations that affect the ability to deliver some components of computer science instruction in a secure manner. Therefore, the legislature intends to require school districts that operate institutional education programs in state long-term juvenile institutions to provide access to computer science courses, while allowing the flexibility to adjust curriculum and instructional activities when necessary." [ 2022 c 234 s 1.]

catchline: Institutional education—Computer science instruction.


doc_type: statute

jurisdiction: wa

title: RCW 28A.190.150

text:
(1) Beginning September 1, 2028, the superintendent of public instruction is responsible for ensuring the effective delivery and administration of basic education services to justice-involved students and improving the educational outcomes of those students.
(2) For the purposes of this section, "justice-involved students" means students who are under the age of 21, or as otherwise required by law, and served through institutional education programs in accordance with RCW 28A.150.200 in facilities that are not under the jurisdiction of the department of social and health services or the department of corrections.
(3) The office of the superintendent of public instruction shall adopt, and periodically revise as necessary, rules to implement this section.
[ 2025 c 70 s 3; 2023 c 303 s 5.]
Notes:
Findings—Intent—2023 c 303: "(1) The legislature finds that students who are served through institutional education programs are constitutionally entitled to full access to the state's statutory program of basic education and its promise of an opportunity to graduate with a meaningful diploma that prepares them for postsecondary education, gainful employment, and citizenship. Ensuring full access to a foundational education for these students is unquestionably in the best interest of the youth, their families, and society at large.
(2) Legislative actions dedicated to improving the educational circumstances for students receiving services through institutional education programs have been enacted in recent years. In 2021, building upon the efforts of the task force on improving instructional education programs and outcomes established in the previous year, the legislature enacted numerous reforms intended to improve the provision of public education to youth in or released from secure juvenile justice facilities.
(3) Among other requirements, the 2021 legislation directed the office of the superintendent of public instruction and the department of children, youth, and families to jointly develop recommendations for the establishment, implementation, and funding of a reformed institutional education system that successfully meets the education and support needs of persons in and released from secure settings. The recommendations were to be directed toward meeting the educational needs of persons who are in or have been released from state long-term juvenile institutions and community facilities operated by the department of children, youth, and families, county juvenile detention centers, and facilities of the department of corrections that incarcerate juveniles committed as adults.
(4) The legislature finds that the office of the superintendent of public instruction and the department of children, youth, and families did not sufficiently address legislative directives for reform recommendations.
(5) The legislature, recognizing the ongoing need for systemic reforms to the process by which basic education services are delivered and overseen in secure juvenile justice facilities, intends to initiate the process of assigning the superintendent of public instruction responsibility for the delivery and oversight of basic education services to justice-involved youth served through institutional education programs in facilities that are not under the jurisdiction of the department of social and health services or the department of corrections. The legislature directs that this new program must implement the state's educational duties and goals under RCW 28A.150.210 in a way that better serves the needs of these students.
(6) In centralizing both delivery and oversight of these educational services with the superintendent, the legislature intends to decisively address essential governance, oversight and accountability, and continuity of education reforms. The legislature intends these reforms to recognize, support, and fully fund the unique educational needs of youth who receive education in these settings. Most importantly, however, the legislature intends for these reforms to provide these students with the opportunity to access the education and supports needed to make life-changing, and life-improving, academic progress." [ 2023 c 303 s 1.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Basic education services to justice-involved students—Delivery and oversight—Duty of superintendent of public instruction—Rules.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 28A.193.005

text:
The legislature intends to provide for the operation of education programs for the department of corrections' juvenile inmates. School districts, educational service districts, or any combination thereof should be the primary providers of the education programs. However, the legislature does not intend to preclude community and technical colleges, four-year institutions of higher education, or other qualified entities from contracting to provide all or part of these education programs if no school district or educational service district is willing to operate all or part of the education programs.
The legislature finds that this chapter fully satisfies any constitutional duty to provide education programs for juvenile inmates in adult correctional facilities. The legislature further finds that biennial appropriations for education programs under this chapter amply provide for any constitutional duty to educate juvenile inmates in adult correctional facilities.
[ 1998 c 244 s 1.]

catchline: Intent—Findings.


title: RCW 28A.193.010

text:
Any school district or educational service district may operate all or any portion of an education program for juveniles in accordance with this chapter, notwithstanding the fact the services or benefits provided extend beyond the geographic boundaries of the school district or educational service district providing the service.
[ 1998 c 244 s 2.]

catchline: Operation of program by school district or educational service district.


title: RCW 28A.193.020

text:
The superintendent of public instruction shall solicit an education provider for the department of corrections' juvenile inmates within sixty days as follows:
(1) The superintendent of public instruction shall notify and solicit proposals from all interested and capable school districts, educational service districts, institutions of higher education, private contractors, or any combination thereof. The notice shall describe the proposed education program's requirements and the appropriated amount. The selection of an education provider shall be in the following order:
(a) The school district where there is an educational site for juveniles in an adult correctional facility maintained by the state department of corrections has first priority to operate an education program for inmates at that site. The district may elect to operate an education program by itself or with another school district, educational service district, institution of higher education, private contractor, or any combination thereof. If the school district elects not to exercise its priority, it shall notify the superintendent of public instruction within thirty calendar days of the day of solicitation.
(b) The educational service district where there is an educational site for juveniles in an adult correctional facility maintained by the state department of corrections has second priority to operate an education program for inmates at that site. The educational service district may elect to do so by itself or with a school district, another educational service district, institution of higher education, private contractor, or any combination thereof. If the educational service district elects not to exercise its priority, it shall notify the superintendent of public instruction within forty-five calendar days of the day of solicitation.
(c) If neither the school district nor the educational service district chooses to operate an education program for inmates as provided for in (a) and (b) of this subsection, the superintendent of public instruction may contract with an entity, including, but not limited to, school districts, educational service districts, institutions of higher education, private contractors, or any combination thereof, within sixty calendar days of the day of solicitation. The selected entity may operate an education program by itself or with another school district, educational service district, institution of higher education, or private contractor, or any combination thereof.
(2) If the superintendent of public instruction does not contract with an interested entity within sixty days of the day of solicitation, the educational service district where there is an educational site for juveniles in an adult correctional facility maintained by the state department of corrections shall begin operating the education program for inmates at the site within ninety days from the day of solicitation in subsection (1) of this section.
[ 1998 c 244 s 3.]

catchline: Solicitation for education provider—Selection of provider—Operation of program by educational service district.


title: RCW 28A.193.030

text:
Except as otherwise provided for by contract under RCW 28A.193.060, the duties and authority of a school district, educational service district, institution of higher education, or private contractor to provide for education programs under this chapter are limited to the following:
(1) Employing, supervising, and controlling administrators, teachers, specialized personnel, and other persons necessary to conduct education programs, subject to security clearance by the department of corrections;
(2) Purchasing, leasing, or renting and providing textbooks, maps, audiovisual equipment, paper, writing instruments, physical education equipment, and other instructional equipment, materials, and supplies deemed necessary by the provider of the education programs;
(3) Conducting education programs for inmates under the age of eighteen in accordance with program standards established by the superintendent of public instruction. The education provider shall develop the curricula, instructional methods, and educational objectives of the education programs, subject to applicable requirements of state and federal law. The department of corrections shall establish behavior standards that govern inmate participation in education programs, subject to applicable requirements of state and federal law;
(4) Students age eighteen who have participated in an education program governed by this chapter may continue in the program with the permission of the department of corrections and the education provider, under the rules adopted by the superintendent of public instruction.
[ 1998 c 244 s 4.]

catchline: Duties and authority of education provider—Continuation in program by students age eighteen.


title: RCW 28A.193.040

text:
School districts and educational service districts providing an education program to juvenile inmates in an adult corrections [correctional] facility, notwithstanding that their geographical boundaries do not include the facility, may:
(1) Award appropriate diplomas or certificates to inmates who successfully complete graduation requirements;
(2) Spend only funds appropriated by the legislature and allocated by the superintendent of public instruction for the exclusive purpose of maintaining and operating education programs under this chapter, including direct and indirect costs of maintaining and operating the education programs, and funds from federal and private grants, bequests, and gifts made for that purpose. School districts may not expend excess tax levy proceeds authorized for school district purposes to pay costs incurred under this chapter.
[ 1998 c 244 s 5.]

catchline: Education providers—Additional authority and limitations.


title: RCW 28A.193.050

text:
To support each education program under this chapter, the department of corrections and each superintendent or chief administrator of a correction facility shall:
(1) Through construction, lease, or rental of space, provide necessary building and exercise spaces for the education program that is secure, separate, and apart from space occupied by nonstudent inmates;
(2) Through construction, lease, or rental, provide vocational instruction machines; technology and supporting equipment; tools, building, and exercise facilities; and other equipment and fixtures deemed necessary by the department of corrections to conduct the education program;
(3) Provide heat, lights, telephone, janitorial services, repair services, and other support services for the building and exercise spaces, equipment, and fixtures provided under this section;
(4) Employ, supervise, and control security staff to safeguard agents of the education providers and inmates while engaged in educational and related activities conducted under this chapter;
(5) Provide clinical and medical evaluation services necessary for a determination by the education provider of the educational needs of inmates; and
(6) Provide such other support services and facilities as are reasonably necessary to conduct the education program.
[ 1998 c 244 s 6.]

catchline: Required support of education programs.


title: RCW 28A.193.060

text:
Each education provider under this chapter and the department of corrections shall negotiate and execute a written contract for each school year or such longer period as may be agreed to that delineates the manner in which their respective duties and authority will be cooperatively performed and exercised, and any disputes and grievances resolved through mediation, and if necessary, arbitration. Any such contract may provide for the performance of duties by an education provider in addition to those set forth in this chapter, including duties imposed upon the department of corrections and its agents under RCW 28A.193.050 if supplemental funding provided by the department of corrections is available to fully pay the direct and indirect costs of these additional duties.
[ 1998 c 244 s 7.]

catchline: Contract between education providers and department of corrections.


title: RCW 28A.193.070

text:
By April 15th of each school year, the department of corrections shall provide written notice to the superintendent of public instruction and education providers operating programs under this chapter of any reasonably foreseeable education site closures, reductions in the number of inmates or education services, or any other cause for a reduction in certificated or classified staff the next school year. In the event the department of corrections fails to provide notice as required by this section, the department is liable and responsible for the payment of the salary and employment-related costs for the next school year of each employee whose contract would or could have been nonrenewed but for the failure of the department to provide notice. Disputes arising under this section shall be resolved in accordance with the alternative dispute resolution method or methods specified in the contract required by RCW 28A.193.060.
[ 1998 c 244 s 8.]

catchline: Education site closures or reduction in services—Notice to the superintendent of public instruction and education providers—Liability for failure to provide notice—Alternative dispute resolution.


title: RCW 28A.193.080

text:
The superintendent of public instruction shall:
(1) Allocate money appropriated by the legislature to administer and provide education programs under this chapter to school districts, educational service districts, and other education providers selected under RCW 28A.193.020 that have assumed the primary responsibility to administer and provide education programs under this chapter. The allocation of moneys to any private contractor is contingent upon and must be in accordance with a contract between the private contractor and the department of corrections; and
(2) Adopt rules in accordance with chapter 34.05 RCW that establish reporting, program compliance, audit, and such other accountability requirements as are reasonably necessary to implement this chapter and related provisions of the biennial operating act effectively.
[ 1998 c 244 s 9.]

catchline: Allocation of money—Accountability requirements—Rules.


title: RCW 28A.193.900

text:
Sections 1 through 9 and 11 through 15 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [March 30, 1998].
[ 1998 c 244 s 17.]

catchline: Effective date—1998 c 244 ss 1-9 and 11-15.


title: RCW 28A.194.005

text:
The legislature intends to provide for the operation of education programs for juvenile inmates incarcerated in adult jails.
The legislature finds that this chapter fully satisfies any constitutional duty to provide education programs for juvenile inmates in adult jails. The legislature further finds that biennial appropriations for education programs under this chapter amply provide for any constitutional duty to educate juvenile inmates in adult jails.
[ 2010 c 226 s 1.]


title: RCW 28A.194.010

text:
A program of education shall be made available for juvenile inmates by adult jail facilities and the several school districts of the state for persons under the age of eighteen years who have been incarcerated in any adult jail facilities operated under the authority of chapter 70.48 RCW. Each school district within which there is located an adult jail facility shall, singly or in concert with another school district pursuant to RCW 28A.335.160 and 28A.225.250 or chapter 39.34 RCW, conduct a program of education, including related student activities for inmates in adult jail facilities. School districts are not precluded from contracting with educational service districts, community and technical colleges, four-year institutions of higher education, or other qualified entities to provide all or part of these education programs. The division of duties, authority, and liabilities of the adult jail facilities and the several school districts of the state respecting the educational programs shall be as provided for in this chapter with regard to programs for juveniles in adult jail facilities.
[ 2010 c 226 s 2.]

catchline: Education programs for juveniles in adult jails.


title: RCW 28A.194.020

text:
As used in this chapter, "adult jail facility" means an adult jail operated under the authority of chapter 70.48 RCW.
[ 2010 c 226 s 3.]

catchline: Definition.


title: RCW 28A.194.030

text:
(1) Except as otherwise provided for by contract under RCW 28A.194.060, the duties and authority of a school district, educational service district, institution of higher education, or private contractor to provide for education programs under this chapter include:
(a) Employing, supervising, and controlling administrators, teachers, specialized personnel, and other persons necessary to conduct education programs, subject to security clearance by the adult jail facilities;
(b) Purchasing, leasing, renting, or providing textbooks, maps, audiovisual equipment paper, writing instruments, physical education equipment, and other instructional equipment, materials, and supplies deemed necessary by the provider of the education programs;
(c) Conducting education programs for inmates under the age of eighteen in accordance with program standards established by the superintendent of public instruction;
(d) Expending funds for the direct and indirect costs of maintaining and operating the program of education that are appropriated by the legislature and allocated by the superintendent of public instruction for the exclusive purpose of maintaining and operating education programs for juvenile inmates incarcerated in adult jail facilities, in addition to funds from federal and private grants, and bequests, and gifts made for the purpose of maintaining and operating the program of education; and
(e) Providing educational services to juvenile inmates within five school days of receiving notification from an adult jail facility within the district's boundaries that an individual under the age of eighteen has been incarcerated.
(2) The school district, educational service district, institution of higher education, or private contractor shall develop the curricula, instruction methods, and educational objectives of the education programs, subject to applicable requirements of state and federal law. For inmates who are under the age of eighteen when they commence the program and who have not met high school graduation requirements, such courses of instruction and school-related student activities as are provided by the school district for students outside of adult jail facilities shall be provided by the school district for students in adult jail facilities, to the extent that it is practical and judged appropriate by the school district and the administrator of the adult jail facility.
[ 2010 c 226 s 4.]

catchline: Duties and authority of education provider.


title: RCW 28A.194.040

text:
School districts providing an education program to juvenile inmates in an adult jail facility may:
(1) Award appropriate diplomas or certificates to juvenile inmates who successfully complete graduation requirements;
(2) Allow students eighteen years of age who have participated in an education program under this chapter to continue in the program, under rules adopted by the superintendent of public instruction; and
(3) Spend only funds appropriated by the legislature and allocated by the superintendent of public instruction for the exclusive purpose of maintaining and operating education programs under this chapter, including direct and indirect costs of maintaining and operating the education programs, and funds from federal and private grants, bequests, and gifts made for that purpose. School districts may not expend excess tax levy proceeds authorized for school district purposes to pay costs incurred under this chapter.
[ 2010 c 226 s 5.]

catchline: School districts—Additional authority and limitation.


title: RCW 28A.194.050

text:
To support each education program under this chapter, the adult jail facility and each superintendent or chief administrator of an adult jail facility shall:
(1) Provide necessary access to existing instructional and exercise spaces for the education program that are safe and secure;
(2) Provide equipment deemed necessary by the adult jail facility to conduct the education program;
(3) Maintain a clean and appropriate classroom environment that is sufficient to meet the program requirements and consistent with security conditions;
(4) Provide appropriate supervision of juvenile inmates consistent with security conditions to safeguard agents of the education providers and juvenile inmates while engaged in educational and related activities conducted under this chapter;
(5) Provide such other support services and facilities deemed necessary by the adult jail facilities to conduct the education program;
(6) Provide the available medical and mental health records necessary to a determination by the school district of the educational needs of the juvenile inmate; and
(7) Notify the school district within which the adult jail facility resides within five school days that an eligible juvenile inmate has been incarcerated in the adult jail facility.
[ 2010 c 226 s 6.]

catchline: Duties of jail facility superintendent or chief administrator.


title: RCW 28A.194.060

text:
Each education provider under this chapter and the adult jail facility shall negotiate and execute a written contract for each school year, or such longer period as may be agreed to, that delineates the manner in which their respective duties and authority will be cooperatively performed and exercised, and any disputes and grievances resolved through mediation , and if necessary, arbitration. Any such contract may provide for the performance of duties by an education provider in addition to those in this chapter, including duties imposed upon the adult jail facility and its agents under RCW 28A.194.050, if supplemental funding is available to fully pay the direct and indirect costs of these additional duties.
[ 2010 c 226 s 7.]

catchline: Contract between education providers and adult jail facilities.


title: RCW 28A.194.070

text:
(1) By September 30, 2010, districts must, in coordination with adult jail facilities residing within their boundaries, submit an instructional service plan to the office of the superintendent of public instruction. Service plans must meet requirements stipulated in the rules developed in accordance with RCW 28A.194.080, provided that (a) the rules shall not govern requirements regarding security within the jail facility nor the physical facility of the adult jail , including but not limited to, the classroom space chosen for instruction, and (b) any excess costs to the jails associated with implementing rules shall be negotiated pursuant to the contractual agreements between the education provider and adult jail facility.
(2) Once districts have submitted a plan to the office of the superintendent of public instruction, districts are not required to resubmit their plans unless either districts or adult jail facilities initiate a significant change to their plans.
(3) An adult jail facility shall notify the office of the superintendent of public instruction as soon as practicable upon the closure of any adult jail facility or upon the adoption of a policy that no juvenile shall be held in the adult jail facility.
[ 2010 c 226 s 8.]

catchline: Instructional service plans—Notice of closure of facility or unavailability of facility for juveniles.


title: RCW 28A.194.080

text:
The superintendent of public instruction shall:
(1) Allocate money appropriated by the legislature to administer and provide education programs under this chapter to school districts that have assumed the primary responsibility to administer and provide education programs under this chapter or to the educational service district operating the program under contract; and
(2) Adopt rules that apply to school districts and educational providers in accordance with chapter 34.05 RCW that establish reporting, program compliance, audit, and such other accountability requirements as are reasonably necessary to implement this chapter and related provisions of the omnibus appropriations act effectively. In adopting the rules pursuant to this subsection, the superintendent of public instruction shall collaborate with representatives from the Washington association of sheriffs and police chiefs and shall attempt to negotiate rules that deliver the educational program in the most cost-effective manner while, to the extent practicable, not imposing additional costs on local jail facilities.
[ 2010 c 226 s 9.]


title: RCW 28A.195.010

text:
The legislature hereby recognizes that private schools should be subject only to those minimum state controls necessary to insure the health and safety of all the students in the state and to insure a sufficient basic education to meet usual graduation requirements. The state, any agency or official thereof, shall not restrict or dictate any specific educational or other programs for private schools except as hereinafter in this section provided.
The administrative or executive authority of private schools or private school districts shall file each year with the state board of education a statement certifying that the minimum requirements hereinafter set forth are being met, noting any deviations. The state board of education may request clarification or additional information. After review of the statement, the state board of education will notify schools or school districts of any concerns, deficiencies, and deviations which must be corrected. If there are any unresolved concerns, deficiencies, or deviations, the school or school district may request or the state board of education on its own initiative may grant provisional status for one year in order that the school or school district may take action to meet the requirements. The state board of education shall not require private school students to meet the student learning goals, to learn the state learning standards, or to be assessed pursuant to RCW 28A.655.070. However, private schools may choose, on a voluntary basis, to have their students learn these state learning standards or take the assessments. Minimum requirements shall be as follows:
(1) Except as provided in RCW 28A.195.040, the minimum school year for instructional purposes shall consist of no less than one hundred eighty school days or the equivalent in annual minimum instructional hour offerings, with a school-wide annual average total instructional hour offering of one thousand hours for students enrolled in grades one through twelve, and at least four hundred fifty hours for students enrolled in kindergarten.
(2) The school day shall be the same as defined in RCW 28A.150.203.
(3) All classroom teachers shall hold appropriate Washington state certification except as follows:
(a) Teachers for religious courses or courses for which no counterpart exists in public schools shall not be required to obtain a state certificate to teach those courses.
(b) In exceptional cases, people of unusual competence but without certification may teach students so long as a certified person exercises general supervision. Annual written statements shall be submitted to the state board of education reporting and explaining such circumstances.
(4) An approved private school may operate an extension program for parents, guardians, or persons having legal custody of a child to teach children in their custody. The extension program shall require at a minimum that:
(a) The parent, guardian, or custodian be under the supervision of an employee of the approved private school who is certificated under chapter 28A.410 RCW;
(b) The planning by the certificated person and the parent, guardian, or person having legal custody include objectives consistent with this subsection and subsections (1), (2), (5), (6), and (7) of this section;
(c) The certificated person spend a minimum average each month of one contact hour per week with each student under his or her supervision who is enrolled in the approved private school extension program;
(d) Each student's progress be evaluated by the certificated person; and
(e) The certificated employee shall not supervise more than thirty students enrolled in the approved private school's extension program.
(5) Appropriate measures shall be taken to safeguard all permanent records against loss or damage.
(6) The physical facilities of the school or district shall be adequate to meet the program offered by the school or district: PROVIDED, That each school building shall meet reasonable health and fire safety requirements. A residential dwelling of the parent, guardian, or custodian shall be deemed to be an adequate physical facility when a parent, guardian, or person having legal custody is instructing his or her child under subsection (4) of this section.
(7) Private school curriculum shall include instruction of the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of appreciation of art and music, all in sufficient units for meeting state board of education graduation requirements.
(8) Each school or school district shall be required to maintain up-to-date policy statements related to the administration and operation of the school or school district.
All decisions of policy, philosophy, selection of books, teaching material, curriculum, except as in subsection (7) of this section provided, school rules and administration, or other matters not specifically referred to in this section, shall be the responsibility of the administration and administrators of the particular private school involved.
[ 2021 c 8 s 2; 2019 c 252 s 108; 2018 c 177 s 201; 2009 c 548 s 303; 2004 c 19 s 106; 1993 c 336 s 1101; (1992 c 141 s 505 repealed by 1993 c 336 s 1102); 1990 c 33 s 176. Prior: 1985 c 441 s 4; 1985 c 16 s 1; 1983 c 56 s 1; 1977 ex.s. c 359 s 9; 1975 1st ex.s. c 275 s 71; 1974 ex.s. c 92 s 2. Formerly RCW 28A.02.201.]
Notes:
Effective date—2021 c 8: See note following RCW 28A.195.040.
Intent—2019 c 252: See note following RCW 28A.230.710.
Effective dates—2018 c 177 ss 201, 202, 501-504, 507, and 701: See note following RCW 28A.150.222.
Finding—Intent—2018 c 177: See note following RCW 28A.305.905.
Intent—2009 c 548: See RCW 28A.150.1981.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Part headings and captions not law—Effective date—2004 c 19: See notes following RCW 28A.230.090.
Findings—Intent—Part headings not law—1993 c 336: See notes following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040.
Severability—1985 c 441: See note following RCW 28A.225.010.
Severability—1983 c 56: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1983 c 56 s 18.]
Effective date—Severability—1977 ex.s. c 359: See notes following RCW 28A.150.200.
Authorization for private school students to ride buses—Conditions: RCW 28A.160.020.
Commencement exercises—Lip reading instruction—Joint purchasing, including issuing interest bearing warrants—Budgets: RCW 28A.320.080.
Home-based instruction: RCW 28A.200.010.
Immunization program, private schools as affecting: RCW 28A.210.060 through 28A.210.170.
Part-time students—Defined—Enrollment in public schools authorized: RCW 28A.150.350.
Program of basic education, RCW 28A.195.010 as part of: RCW 28A.150.200.
Real property—Sale—Notice and hearing—Appraisal—Broker or real estate appraiser services—Real estate sales contracts—Limitation: RCW 28A.335.120.
Surplus school property, rental, lease or use of—Authorized—Limitations: RCW 28A.335.040.
Surplus texts and other educational aids, notice of availability—Student priority as to texts: RCW 28A.335.180.

catchline: Private schools—Exemptions from student learning goals, state learning standards, and high school assessments—Minimum requirements.


title: RCW 28A.195.020

text:
The state recognizes the following rights of every private school:
(1) To teach their religious beliefs and doctrines, if any; to pray in class and in assemblies; to teach patriotism including requiring students to salute the flag of the United States if that be the custom of the particular private school.
(2) To require that there shall be on file the written consent of parents or guardians of students prior to the administration of any psychological test or the conduct of any type of group therapy.
[ 1974 ex.s. c 92 s 3; 1971 ex.s. c 215 s 5. Formerly RCW 28A.02.220.]
Notes:
Severability—1971 ex.s. c 215: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1971 ex.s. c 215 s 8.]

catchline: Private schools—Rights recognized.


title: RCW 28A.195.030

text:
Any private school may appeal the actions of the state board of education as provided in chapter 34.05 RCW.
[ 2018 c 177 s 202; 1974 ex.s. c 92 s 4; 1971 ex.s. c 215 s 6. Formerly RCW 28A.02.230.]
Notes:
Effective dates—2018 c 177 ss 201, 202, 501-504, 507, and 701: See note following RCW 28A.150.222.
Finding—Intent—2018 c 177: See note following RCW 28A.305.905.

catchline: Private schools—Actions appealable under Administrative Procedure Act.


title: RCW 28A.195.040

text:
(1) The state board of education shall promulgate rules and regulations for the enforcement of RCW 28A.195.010 through 28A.195.040, 28A.225.010, and 28A.305.130, including a provision which denies approval to any school engaging in a policy of racial segregation or discrimination.
(2) The state board of education has the authority to make rules and regulations that establish the terms and conditions for allowing private schools to maintain their approval status when private schools are unable to fulfill the requirement of a full school year of one hundred eighty days or the annual average total instructional hour offering imposed by RCW 28A.195.010 due to a significant disruption resulting from an emergency.
(3) For purposes of this section, "emergency" has the same meaning as "emergency or disaster" in RCW 38.52.010. "Emergency" may also include a national declaration of emergency by an authorized federal official.
[ 2021 c 8 s 1; 1990 c 33 s 177; 1983 c 3 s 29; 1974 ex.s. c 92 s 5; 1971 ex.s. c 215 s 7. Formerly RCW 28A.02.240.]
Notes:
Effective date—2021 c 8: "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 [March 2, 2021]." [ 2021 c 8 s 3.]

catchline: Private schools—Board rules for enforcement—Racial segregation or discrimination prohibited—Board rules for emergencies.


title: RCW 28A.195.050

text:
The superintendent of public instruction is hereby directed to appoint a private school advisory committee that is broadly representative of educators, legislators, and various private school groups in the state of Washington.
[ 1984 c 40 s 1; 1974 ex.s. c 92 s 6. Formerly RCW 28A.02.250.]
Notes:
Severability—1984 c 40: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1984 c 40 s 17.]

catchline: Private school advisory committee.


title: RCW 28A.195.060

text:
The administrative or executive authority of every private school in this state must report to the superintendent of public instruction on or before the thirtieth day of June in each year, on forms to be furnished, such information as may be required by the superintendent of public instruction, to make complete the records of education work pertaining to all children residing within the state.
[ 2018 c 177 s 203; 1975 1st ex.s. c 275 s 70; 1969 ex.s. c 176 s 111; 1969 ex.s. c 223 s 28A.48.055. Prior: 1933 c 28 s 14; 1913 c 158 s 1; 1909 c 97 p 313 s 6; RRS s 4876. Formerly RCW 28A.48.055, 28.48.055, 28.27.020.]
Notes:
Finding—Intent—2018 c 177: See note following RCW 28A.305.905.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.

catchline: Private schools must report attendance.


title: RCW 28A.195.070

text:
If a student who previously attended an approved private school enrolls in a public school but has not paid tuition, fees, or fines at the approved private school, the approved private school may withhold the student's official transcript, but shall transmit information to the public school about the student's academic performance, special placement, immunization records, and records of disciplinary action.
[ 1997 c 266 s 5.]
Notes:
Findings—Intent—Severability—1997 c 266: See notes following RCW 28A.600.455.

catchline: Official transcript withholding—Transmittal of information.


title: RCW 28A.195.080

text:
(1) The legislature finds additional safeguards are necessary to ensure safety of school children attending private schools in the state of Washington. Private schools approved under this chapter are authorized to require that employees who have regularly scheduled unsupervised access to children, whether current employees on May 5, 1999, or applicants for employment on or after May 5, 1999, undergo a record check through the Washington state patrol criminal identification system under RCW 43.43.830 through 43.43.838, 10.97.030, and 10.97.050 and through the federal bureau of investigation. The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card. Employees or applicants for employment who have completed a record check in accordance with RCW 28A.410.010 shall not be required to undergo a record check under this section. The superintendent of public instruction shall provide a copy of the record report to the employee or applicant. If an employee or applicant has undergone a record check as authorized under this section, additional record checks shall not be required unless required by other provisions of law.
(2) The approved private school, the employee, or the applicant shall pay the costs associated with the record check authorized in this section.
(3) Applicants may be employed on a conditional basis pending completion of the investigation. If the employee or applicant has had a record check within the previous two years, the approved private school or contractor may waive any record check required by the approved private school under subsection (1) of this section.
[ 1999 c 187 s 1.]
Notes:
Effective date—1999 c 187: "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 5, 1999]." [ 1999 c 187 s 2.]

catchline: Record checks—Findings—Authority to require.


title: RCW 28A.195.090

text:
(1) If a private school that has been approved under this chapter by the state board of education seeks approval also to offer and administer an online school program as defined under RCW 28A.250.010, including under contract with a third party, the requirements for minimum instructional hour offerings under RCW 28A.195.010(1) shall be deemed met for the online school program. A residential dwelling of a parent, guardian, or custodian shall be deemed an adequate physical facility for students enrolled in the online school program. The online school program is not required to be offered for the same grade levels as the approved private school.
(2) The state board of education may approve an online school program under this section that meets other applicable requirements under this chapter.
(3) No private school offering and administering an online program under this section, third party that contracts with a private school to offer and administer an online program, or parent or guardian providing an online program may receive state funding to provide the program.
[ 2013 c 161 s 2.]
Notes:
Findings—2013 c 161: "The legislature supports student access to a variety of educational options, both public and private. However, state policies regarding the approval of private schools were created before online learning was possible. Consequently, these policies do not provide for approval criteria that are sufficiently flexible to accommodate online learning. While some policy adjustments have been made to permit public online choices, current law does not provide a clear process for private schools to obtain state approval to offer similar learning options." [ 2013 c 161 s 1.]

catchline: Online school programs.


title: RCW 28A.195.100

text:
The administrator of a private school approved under this chapter must comply with the notification provisions of RCW 28A.320.163 that apply to superintendents, designees of superintendents, and principals.
[ 2020 c 167 s 2.]

catchline: Notifications—Appeals.


title: RCW 28A.200.010

text:
(1) Each parent whose child is receiving home-based instruction under RCW 28A.225.010(4) shall have the duty to:
(a) File annually a signed declaration of intent that he or she is planning to cause his or her child to receive home-based instruction. The statement shall include the name and age of the child, shall specify whether a certificated person will be supervising the instruction, and shall be written in a format prescribed by the superintendent of public instruction. Each parent shall file the statement by September 15th of the school year or within two weeks of the beginning of any public school quarter, trimester, or semester with the superintendent of the public school district within which the parent resides or the district that accepts the transfer, and the student shall be deemed a transfer student of the nonresident district. Parents may apply for transfer under RCW 28A.225.220;
(b) Ensure that test scores or annual academic progress assessments and immunization records, together with any other records that are kept relating to the instructional and educational activities provided, are forwarded to any other public or private school to which the child transfers. At the time of a transfer to a public school, the superintendent of the local school district in which the child enrolls may require a standardized achievement test to be administered and shall have the authority to determine the appropriate grade and course level placement of the child after consultation with parents and review of the child's records; and
(c) Ensure that a standardized achievement test approved by the state board of education is administered annually to the child by a qualified individual or that an annual assessment of the student's academic progress is written by a certificated person who is currently working in the field of education. The state board of education shall not require these children to meet the student learning goals, learn the state learning standards, or take the assessments under RCW 28A.655.070. The standardized test administered or the annual academic progress assessment written shall be made a part of the child's permanent records. If, as a result of the annual test or assessment, it is determined that the child is not making reasonable progress consistent with his or her age or stage of development, the parent shall make a good faith effort to remedy any deficiency.
(2) Failure of a parent to comply with the duties in this section shall be deemed a failure of such parent's child to attend school without valid justification under RCW 28A.225.020. Parents who do comply with the duties set forth in this section shall be presumed to be providing home-based instruction as set forth in RCW 28A.225.010(4).
[ 2019 c 252 s 109; 2004 c 19 s 107; 1995 c 52 s 1; 1993 c 336 s 1103; 1990 c 33 s 178; 1985 c 441 s 2. Formerly RCW 28A.27.310.]
Notes:
Intent—2019 c 252: See note following RCW 28A.230.710.
Part headings and captions not law—Effective date—2004 c 19: See notes following RCW 28A.230.090.
Findings—Intent—Part headings not law—1993 c 336: See notes following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
Severability—1985 c 441: See note following RCW 28A.225.010.
Part-time students—Defined—Enrollment in public schools authorized: RCW 28A.150.350.
Private schools—Extension programs for parents to teach children in their custody: RCW 28A.195.010.

catchline: Home-based instruction—Duties of parents—Exemptions from state learning goals, state learning standards, and high school assessments.


title: RCW 28A.200.020

text:
The state hereby recognizes that parents who are causing their children to receive home-based instruction under RCW 28A.225.010(4) shall be subject only to those minimum state laws and regulations which are necessary to insure that a sufficient basic educational opportunity is provided to the children receiving such instruction. Therefore, all decisions relating to philosophy or doctrine, selection of books, teaching materials and curriculum, and methods, timing, and place in the provision or evaluation of home-based instruction shall be the responsibility of the parent except for matters specifically referred to in this chapter.
[ 1990 c 33 s 179; 1985 c 441 s 3. Formerly RCW 28A.27.320.]
Notes:
Severability—1985 c 441: See note following RCW 28A.225.010.

catchline: Home-based instruction—Certain decisions responsibility of parent unless otherwise specified.


title: RCW 28A.200.030

text:
Any compliance reporting requirements as a result of laws in this chapter that apply to second-class districts may be submitted in accordance with RCW 28A.330.250.
[ 2011 c 45 s 11.]
Notes:
Conflict with federal requirements—2011 c 45: See note following RCW 28A.330.250.

catchline: Condensed compliance reports—Second-class districts.


title: RCW 28A.205.010

text:
(1) As used in this chapter, unless the context thereof shall clearly indicate to the contrary:
"Education center" means any private school operated on a profit or nonprofit basis which does the following:
(a) Is devoted to the teaching of basic academic skills, including specific attention to improvement of student motivation for achieving, and employment orientation.
(b) Operates on a clinical, client centered basis. This shall include, but not be limited to, performing diagnosis of individual educational abilities, determination and setting of individual goals, prescribing and providing individual courses of instruction therefor, and evaluation of each individual client's progress in his or her educational program.
(c) Conducts courses of instruction by professionally trained personnel certificated by the Washington professional educator standards board according to rules adopted for the purposes of this chapter and providing, for certification purposes, that a year's teaching experience in an education center shall be deemed equal to a year's teaching experience in a common or private school.
(2) For purposes of this chapter, basic academic skills shall include the study of mathematics, speech, language, reading and composition, science, history, literature and political science or civics; it shall not include courses of a vocational training nature and shall not include courses deemed nonessential to the accrediting or the approval of private schools under RCW 28A.305.130.
(3) The superintendent of public instruction shall certify an education center only upon application and (a) determination that such school comes within the definition thereof as set forth in subsection (1) of this section and (b) demonstration on the basis of actual educational performance of such applicants' students which shows after consideration of their students' backgrounds, educational gains that are a direct result of the applicants' educational program. Such certification may be withdrawn if the superintendent finds that a center fails to provide adequate instruction in basic academic skills. No education center certified by the superintendent of public instruction pursuant to this section shall be deemed a common school under RCW 28A.150.020 or a private school for the purposes of RCW 28A.195.010 through 28A.195.050.
[ 2006 c 263 s 408; 2005 c 497 s 214; 1999 c 348 s 2; 1993 c 211 s 1; 1990 c 33 s 180; 1983 c 3 s 38; 1977 ex.s. c 341 s 1. Formerly RCW 28A.97.010.]
Notes:
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011.
Intent—1999 c 348: "During 1997 and 1998, a committee of the state board of education reviewed all board rules and related authorizing statutes. Based on the findings and recommendations resulting from the review, the state board prepared a report to the legislature requesting action be taken. It is the intent of this act to implement recommendations of the state board of education." [ 1999 c 348 s 1.]
Severability—1977 ex.s. c 341: "If any provision of this 1977 act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1977 ex.s. c 341 s 7.]

catchline: "Education center," "basic academic skills," defined—Certification as education center and withdrawal of certification.


title: RCW 28A.205.020

text:
Only eligible common school dropouts shall be enrolled in a certified education center for reimbursement by the superintendent of public instruction as provided in RCW 28A.205.040. A person is not an eligible common school dropout if: (1) The person has completed high school, (2) the person has not reached his or her twelfth birthday or has passed his or her twentieth birthday, (3) the person shows proficiency beyond the high school level in a test approved by the state board of education to be given as part of the initial diagnostic procedure, or (4) less than one month has passed after the person has dropped out of any common school and the education center has not received written verification from a school official of the common school last attended in this state that the person is no longer in attendance at the school. A person is an eligible common school dropout even if one month has not passed since the person dropped out if the board of directors or its designee, of that common school, requests the center to admit the person because the person has dropped out or because the person is unable to attend a particular common school because of disciplinary reasons, including suspension and/or expulsion. The fact that any person may be subject to RCW 28A.225.010 through 28A.225.140, 28A.200.010, and 28A.200.020 shall not affect his or her qualifications as an eligible common school dropout under this chapter.
[ 1999 c 348 s 3; 1997 c 265 s 7; 1993 c 211 s 2; 1990 c 33 s 181; 1979 ex.s. c 174 s 1; 1977 ex.s. c 341 s 2. Formerly RCW 28A.97.020.]
Notes:
Intent—1999 c 348: See note following RCW 28A.205.010.
Severability—1997 c 265: See note following RCW 13.40.160.
Severability—1979 ex.s. c 174: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1979 ex.s. c 174 s 4.]
Severability—1977 ex.s. c 341: See note following RCW 28A.205.010.

catchline: Common school dropouts—Reimbursement.


title: RCW 28A.205.030

text:
The superintendent of public instruction shall adopt, by rules, policies and procedures to permit a prior common school dropout to reenter at the grade level appropriate to such individual's ability: PROVIDED, That such individual shall be placed with the class he or she would be in had he or she not dropped out and graduate with that class, if the student's ability so permits notwithstanding any loss of credits prior to reentry and if such student earns credits at the normal rate subsequent to reentry.
Notwithstanding any other provision of law, any certified education center student sixteen years of age or older, upon completion of an individual student program, is eligible to take a test to earn a high school equivalency certificate as provided in RCW 28B.50.536 in accordance with rules adopted under RCW 28A.305.190 as given throughout the state.
[ 2013 c 39 s 6. Prior: 1993 c 218 s 2; 1993 c 211 s 3; 1990 c 33 s 182; 1977 ex.s. c 341 s 3. Formerly RCW 28A.97.030.]
Notes:
Severability—1977 ex.s. c 341: See note following RCW 28A.205.010.

catchline: Reentry of prior dropouts into common schools, rules—Eligibility for test to earn a high school equivalency certificate.


title: RCW 28A.205.040

text:
(1)(a) From funds appropriated for that purpose, the superintendent of public instruction shall pay fees to a certified center on a monthly basis for each student enrolled in compliance with RCW 28A.205.020. The superintendent shall set fees by rule.
(b) Revisions in such fees proposed by an education center shall become effective after thirty days notice unless the superintendent finds such a revision is unreasonable in which case the revision shall not take effect. The administration of any test to earn a high school equivalency certificate as provided in RCW 28B.50.536 in accordance with rules adopted under RCW 28A.305.190 shall not be a part of such initial diagnostic procedure.
(c) Reimbursements shall not be made for students who are absent.
(d) No center shall make any charge to any student, or the student's parent, guardian or custodian, for whom a fee is being received under the provisions of this section.
(2) Payments shall be made from available funds first to those centers that have in the judgment of the superintendent demonstrated superior performance based upon consideration of students' educational gains taking into account such students' backgrounds, and upon consideration of cost-effectiveness. In considering the cost-effectiveness of nonprofit centers the superintendent shall take into account not only payments made under this section but also factors such as tax exemptions, direct and indirect subsidies or any other cost to taxpayers at any level of government which result from such nonprofit status.
(3) To be eligible for such payment, every such center, without prior notice, shall permit a review of its accounting records by personnel of the state auditor during normal business hours.
(4) If total funds for this purpose approach depletion, the superintendent shall notify the centers of the date after which further funds for reimbursement of the centers' services will be exhausted.
[ 2013 c 39 s 7; 2006 c 263 s 412; 1999 c 348 s 4; 1990 c 33 s 183; 1979 ex.s. c 174 s 2; 1977 ex.s. c 341 s 4. Formerly RCW 28A.97.040.]
Notes:
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
Intent—1999 c 348: See note following RCW 28A.205.010.
Severability—1979 ex.s. c 174: See note following RCW 28A.205.020.
Severability—1977 ex.s. c 341: See note following RCW 28A.205.010.

catchline: Fees—Rules—Priority for payment—Review of records.


title: RCW 28A.205.050

text:
In accordance with chapter 34.05 RCW, the administrative procedure act, the Washington professional educator standards board with respect to the matter of certification, and the superintendent of public instruction with respect to all other matters, shall have the power and duty to make the necessary rules to carry out the purpose and intent of this chapter.
[ 2005 c 497 s 215; 1995 c 335 s 201; 1993 c 211 s 4; 1990 c 33 s 184; 1977 ex.s. c 341 s 5. Formerly RCW 28A.97.050.]
Notes:
Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011.
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
Severability—1977 ex.s. c 341: See note following RCW 28A.205.010.

catchline: Rules.


title: RCW 28A.205.070

text:
In allocating funds appropriated for education centers, the superintendent of public instruction shall:
(1) Place priority upon stability and adequacy of funding for education centers that have demonstrated superior performance as defined in RCW 28A.205.040(2).
(2) Initiate and maintain a competitive review process to select new or expanded center programs in unserved or underserved areas. The criteria for review of competitive proposals for new or expanded education center services shall include but not be limited to:
(a) The proposing organization shall have obtained certification from the superintendent of public instruction as provided in RCW 28A.205.010;
(b) The cost-effectiveness of the proposal; and
(c) The availability of committed nonstate funds to support, enrich, or otherwise enhance the basic program.
(3) In selecting areas for new or expanded education center programs, the superintendent of public instruction shall consider factors including but not limited to:
(a) The proportion and total number of dropouts unserved by existing center programs, if any;
(b) The availability within the geographic area of programs other than education centers which address the basic educational needs of dropouts; and
(c) Waiting lists or other evidence of demand for expanded education center programs.
(4) In the event of any curtailment of services resulting from lowered legislative appropriations, the superintendent of public instruction shall issue pro rata reductions to all centers funded at the time of the lowered appropriation. Individual centers may be exempted from such pro rata reductions if the superintendent finds that such reductions would impair the center's ability to operate at minimally acceptable levels of service. In the event of such exceptions, the superintendent shall determine an appropriate rate for reduction to permit the center to continue operation.
(5) In the event that an additional center or centers become certified and apply to the superintendent for funds to be allocated from a legislative appropriation which does not increase from the immediately preceding biennium, or does not increase sufficiently to allow such additional center or centers to operate at minimally acceptable levels of service without reducing the funds available to previously funded centers, the superintendent shall not provide funding for such additional center or centers from such appropriation.
[ 2006 c 263 s 409; 1993 c 211 s 6; 1990 c 33 s 185; 1985 c 434 s 3. Formerly RCW 28A.97.120.]
Notes:
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
Intent—1985 c 434: "It is the intent of this act to provide for an equitable distribution of funds appropriated for educational clinics, to stabilize existing programs, and to provide a system for orderly expansion or retrenchment in the event of future increases or reductions in program appropriations." [ 1985 c 434 s 1.]

catchline: Allocation of funds—Criteria—Duties of superintendent.


title: RCW 28A.205.080

text:
The legislature recognizes that education centers provide a necessary and effective service for students who have dropped out of common school programs. Education centers have demonstrated success in preparing such youth for productive roles in society and are an integral part of the state's program to address the needs of students who have dropped out of school. The superintendent of public instruction shall distribute funds, consistent with legislative appropriations, allocated specifically for education centers in accord with chapter 28A.205 RCW. The legislature encourages school districts to explore cooperation with education centers pursuant to RCW 28A.150.305.
[ 1997 c 265 s 8; 1993 c 211 s 7; 1990 c 33 s 186; 1987 c 518 s 220. Formerly RCW 28A.97.125.]
Notes:
Severability—1997 c 265: See note following RCW 13.40.160.
Intent—1994 c 166; 1987 c 518: See note following RCW 43.216.525.
Severability—1987 c 518: See note following RCW 43.216.525.

catchline: Legislative findings—Distribution of funds—Cooperation with school districts.


title: RCW 28A.205.090

text:
The superintendent shall include the education centers program in the biennial budget request. Contracts between the superintendent of public instruction and the education centers shall include quarterly plans which provide for relatively stable student enrollment but take into consideration anticipated seasonal variations in enrollment in the individual centers. Funds which are not expended by a center during the quarter for which they were planned may be carried forward to subsequent quarters of the fiscal year. The superintendent shall make payments to the centers on a monthly basis pursuant to RCW 28A.205.040.
[ 1993 c 211 s 8; 1990 c 33 s 187; 1985 c 434 s 4. Formerly RCW 28A.97.130.]
Notes:
Intent—1985 c 434: See note following RCW 28A.205.070.

catchline: Inclusion of education centers program in biennial budget request—Quarterly plans—Funds—Payment.


title: RCW 28A.210.010

text:
The state board of health, after consultation with the superintendent of public instruction, shall adopt reasonable rules regarding the presence of persons on or about any school premises who have, or who have been exposed to, contagious diseases deemed by the state board of health as dangerous to the public health. Such rules shall specify reasonable and precautionary procedures as to such presence and/or readmission of such persons and may include the requirement for a certificate from a licensed physician that there is no danger of contagion. The superintendent of public instruction shall provide to appropriate school officials and personnel, access and notice of these rules of the state board of health. Providing online access to these rules satisfies the requirements of this section. The superintendent of public instruction is required to provide this notice only when there are significant changes to the rules.
[ 2009 c 556 s 3; 1971 c 32 s 1; 1969 ex.s. c 223 s 28A.31.010. Prior: 1909 c 97 p 262 s 5; RRS s 4689; prior: 1897 c 118 s 68; 1890 p 372 s 47. Formerly RCW 28A.31.010, 28.31.010.]

catchline: Contagious diseases, limiting contact—Rules.


title: RCW 28A.210.020

text:
Every board of school directors shall have the power, and it shall be its duty to provide for and require screening for the visual and auditory acuity of all children attending schools in their districts to ascertain which if any of such children have defects sufficient to retard them in their studies. Visual screening shall include both distance and near vision screening. Auditory and visual screening shall be made in accordance with procedures and standards adopted by rule of the state board of health. Prior to the adoption or revision of such rules the state board of health shall seek the recommendations of the superintendent of public instruction regarding the administration of visual and auditory screening and the qualifications of persons competent to administer such screening. Persons performing visual screening may include, but are not limited to, ophthalmologists, optometrists, or opticians who donate their professional services to schools or school districts. If a vision professional who donates his or her services identifies a vision defect sufficient to affect a student's learning, the vision professional must notify the school nurse and/or the school principal in writing and may not contact the student's parents or guardians directly. A school official shall inform parents or guardians of students in writing that a visual examination was recommended, but may not communicate the name or contact information of the vision professional conducting the screening.
[ 2016 c 219 s 1; 2009 c 556 s 18; 1971 c 32 s 2; 1969 ex.s. c 223 s 28A.31.030. Prior: 1941 c 202 s 1; Rem. Supp. 1941 s 4689-1. Formerly RCW 28A.31.030, 28.31.030.]

catchline: Visual and auditory screening of pupils—Rules.


title: RCW 28A.210.030

text:
The person or persons completing the screening prescribed in RCW 28A.210.020 shall promptly prepare a record of the screening of each child found to have, or suspected of having, reduced visual and/or auditory acuity in need of attention, including the special education services provided by RCW 28A.155.010 through 28A.155.100, and send copies of such records and recommendations to the parents or guardians of such children and shall deliver the original records to the appropriate school official who shall preserve such records and forward to the superintendent of public instruction and the secretary of health visual and auditory data as requested by such officials.
[ 1991 c 3 s 289; 1990 c 33 s 188; 1971 c 32 s 3; 1969 ex.s. c 223 s 28A.31.040. Prior: 1941 c 202 s 2; Rem. Supp. 1941 s 4689-2. Formerly RCW 28A.31.040, 28.31.040.]

catchline: Visual and auditory screening of pupils—Record of screening—Forwarding of records, recommendations and data.


title: RCW 28A.210.040

text:
The superintendent of public instruction shall provide access to appropriate school officials the rules adopted by the state board of health pursuant to RCW 28A.210.020 and the recommended records and forms to be used in making and reporting such screenings. Providing online access to the materials satisfies the requirements of this section.
[ 2009 c 556 s 4; 1990 c 33 s 189; 1973 c 46 s 1. Prior: 1971 c 48 s 12; 1971 c 32 s 4; 1969 ex.s. c 223 s 28A.31.050; prior: 1941 c 202 s 3; RRS s 4689-3. Formerly RCW 28A.31.050, 28.31.050.]
Notes:
Severability—1973 c 46: "If any provision of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1973 c 46 s 5.]
Severability—1971 c 48: See note following RCW 28A.310.250.

catchline: Visual and auditory screening of pupils—Access to rules, records, and forms.


title: RCW 28A.210.045

text:
(1) The superintendent of public instruction shall report to the department of health:
(a) Any complaint or disciplinary action taken against a certified educational staff associate providing speech-language pathology services in a school setting; and
(b) Any complaint the superintendent receives regarding a speech-language pathology assistant certified under chapter 18.35 RCW.
(2) The superintendent of public instruction shall make the reports required by this section as soon as practicable, but in no case later than five business days after the complaint or disciplinary action.
[ 2009 c 301 s 13.]
Notes:
Intent—Implementation—2009 c 301: See notes following RCW 18.35.010.
Speech-language pathology assistants—Certification requirements—2009 c 301: See note following RCW 18.35.040.


title: RCW 28A.210.060

text:
In enacting RCW 28A.210.060 through 28A.210.170, it is the judgment of the legislature that it is necessary to protect the health of the public and individuals by providing a means for the eventual achievement of full immunization of school-age children against certain vaccine-preventable diseases.
[ 1990 c 33 s 190; 1984 c 40 s 3; 1979 ex.s. c 118 s 1. Formerly RCW 28A.31.100.]
Notes:
Severability—1984 c 40: See note following RCW 28A.195.050.
Effective date—1979 ex.s. c 118: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on September 1, 1979." [ 1979 ex.s. c 118 s 13.]
Severability—1979 ex.s. c 118: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1979 ex.s. c 118 s 16.]
Immunization plan: RCW 43.70.525.

catchline: Immunization program—Purpose.


title: RCW 28A.210.070

text:
As used in RCW 28A.210.060 through 28A.210.170:
(1) "Chief administrator" shall mean the person with the authority and responsibility for the immediate supervision of the operation of a school or day care center as defined in this section or, in the alternative, such other person as may hereafter be designated in writing for the purposes of RCW 28A.210.060 through 28A.210.170 by the statutory or corporate board of directors of the school district, school, or day care center or, if none, such other persons or person with the authority and responsibility for the general supervision of the operation of the school district, school or day care center.
(2) "Child" shall mean any person, regardless of age, in attendance at a public or private school or a licensed day care center.
(3) "Day care center" shall mean an agency which regularly provides care for a group of thirteen or more children for periods of less than twenty-four hours and is licensed pursuant to chapter 43.216 RCW.
(4) "Full immunization" shall mean immunization against certain vaccine-preventable diseases in accordance with schedules and with immunizing agents approved by the state board of health.
(5) "Local health department" shall mean the city, town, county, district or combined city-county health department, board of health, or health officer which provides public health services.
(6) "School" shall mean and include each building, facility, and location at or within which any or all portions of a preschool, kindergarten and grades one through twelve program of education and related activities are conducted for two or more children by or in behalf of any public school district and by or in behalf of any private school or private institution subject to approval by the state board of education pursuant to RCW 28A.305.130, 28A.195.010 through 28A.195.050, and 28A.410.120.
[ 2017 3rd sp.s. c 6 s 217; 2006 c 263 s 908; 1990 c 33 s 191; 1985 c 49 s 2; 1984 c 40 s 4; 1979 ex.s. c 118 s 2. Formerly RCW 28A.31.102.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
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.
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
Severability—1984 c 40: See note following RCW 28A.195.050.
Effective date—Severability—1979 ex.s. c 118: See notes following RCW 28A.210.060.

catchline: Immunization program—Definitions.


title: RCW 28A.210.080

text:
(1) The attendance of every child at every public and private school in the state and licensed day care center shall be conditioned upon the presentation before or on each child's first day of attendance at a particular school or center, of proof of either (a) full immunization, (b) the initiation of and compliance with a schedule of immunization, as required by rules of the state board of health, or (c) a certificate of exemption as provided for in RCW 28A.210.090. The attendance at the school or the day care center during any subsequent school year of a child who has initiated a schedule of immunization shall be conditioned upon the presentation of proof of compliance with the schedule on the child's first day of attendance during the subsequent school year. Once proof of full immunization or proof of completion of an approved schedule has been presented, no further proof shall be required as a condition to attendance at the particular school or center.
(2)(a) Beginning with sixth grade entry, every public and private school in the state shall provide parents and guardians with information about meningococcal disease and its vaccine at the beginning of every school year. The information about meningococcal disease shall include:
(i) Its causes and symptoms, how meningococcal disease is spread, and the places where parents and guardians may obtain additional information and vaccinations for their children; and
(ii) Current recommendations from the United States centers for disease control and prevention regarding the receipt of vaccines for meningococcal disease and where the vaccination can be received.
(b) This subsection shall not be construed to require the department of health or the school to provide meningococcal vaccination to students.
(c) The department of health shall prepare the informational materials and shall consult with the office of superintendent of public instruction.
(d) This subsection does not create a private right of action.
(3)(a) Beginning with sixth grade entry, every public school in the state shall provide parents and guardians with information about human papillomavirus disease and its vaccine at the beginning of every school year. The information about human papillomavirus disease shall include:
(i) Its causes and symptoms, how human papillomavirus disease is spread, and the places where parents and guardians may obtain additional information and vaccinations for their children; and
(ii) Current recommendations from the United States centers for disease control and prevention regarding the receipt of vaccines for human papillomavirus disease and where the vaccination can be received.
(b) This subsection shall not be construed to require the department of health or the school to provide human papillomavirus vaccination to students.
(c) The department of health shall prepare the informational materials and shall consult with the office of the superintendent of public instruction.
(d) This subsection does not create a private right of action.
(4) Private schools are required by state law to notify parents that information on the human papillomavirus disease prepared by the department of health is available.
[ 2007 c 276 s 1; 2005 c 404 s 1; 1990 c 33 s 192; 1985 c 49 s 1; 1979 ex.s. c 118 s 3. Formerly RCW 28A.31.104.]
Notes:
Effective date—Severability—1979 ex.s. c 118: See notes following RCW 28A.210.060.

catchline: Immunization program—Attendance of child conditioned upon presentation of alternative proofs—Information regarding meningococcal disease—Information regarding human papillomavirus disease.


title: RCW 28A.210.090

text:
(1) Any child shall be exempt in whole or in part from the immunization measures required by RCW 28A.210.060 through 28A.210.170 upon the presentation of any one or more of the certifications required by this section, on a form prescribed by the department of health:
(a) A written certification signed by a health care practitioner that a particular vaccine required by rule of the state board of health is, in his or her judgment, not advisable for the child: PROVIDED, That when it is determined that this particular vaccine is no longer contraindicated, the child will be required to have the vaccine;
(b) A written certification signed by any parent or legal guardian of the child or any adult in loco parentis to the child that the religious beliefs of the signator are contrary to the required immunization measures; or
(c) A written certification signed by any parent or legal guardian of the child or any adult in loco parentis to the child that the signator has either a philosophical or personal objection to the immunization of the child. A philosophical or personal objection may not be used to exempt a child from the measles, mumps, and rubella vaccine.
(2)(a) The form presented on or after July 22, 2011, must include a statement to be signed by a health care practitioner stating that he or she provided the signator with information about the benefits and risks of immunization to the child. The form may be signed by a health care practitioner at any time prior to the enrollment of the child in a school or licensed day care. Photocopies of the signed form or a letter from the health care practitioner referencing the child's name shall be accepted in lieu of the original form.
(b) A health care practitioner who, in good faith, signs the statement provided for in (a) of this subsection is immune from civil liability for providing the signature.
(c) Any parent or legal guardian of the child or any adult in loco parentis to the child who exempts the child due to religious beliefs pursuant to subsection (1)(b) of this section is not required to have the form provided for in (a) of this subsection signed by a health care practitioner if the parent or legal guardian demonstrates membership in a religious body or a church in which the religious beliefs or teachings of the church preclude a health care practitioner from providing medical treatment to the child.
(3) For purposes of this section, "health care practitioner" means a physician licensed under chapter 18.71 or 18.57 RCW, a naturopath licensed under chapter 18.36A RCW, a physician assistant licensed under chapter 18.71A RCW, or an *advanced registered nurse practitioner licensed under chapter 18.79 RCW.
[ 2020 c 80 s 27; 2019 c 362 s 2; 2011 c 299 s 1; 1991 c 3 s 290; 1990 c 33 s 193; 1984 c 40 s 5; 1979 ex.s. c 118 s 4. Formerly RCW 28A.31.106.]
Notes:
*Reviser's note: The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Effective date—2020 c 80 ss 12-59: See note following RCW 7.68.030.
Intent—2020 c 80: See note following RCW 18.71A.010.
Severability—1984 c 40: See note following RCW 28A.195.050.
Effective date—Severability—1979 ex.s. c 118: See notes following RCW 28A.210.060.
PDF
RCW 28A.210.090
Immunization program—Exemptions. (Effective June 30, 2027.)
(1) Any child shall be exempt in whole or in part from the immunization measures required by RCW 28A.210.060 through 28A.210.170 upon the presentation of any one or more of the certifications required by this section, on a form prescribed by the department of health:
(a) A written certification signed by a health care practitioner that a particular vaccine required by rule of the state board of health is, in his or her judgment, not advisable for the child: PROVIDED, That when it is determined that this particular vaccine is no longer contraindicated, the child will be required to have the vaccine;
(b) A written certification signed by any parent or legal guardian of the child or any adult in loco parentis to the child that the religious beliefs of the signator are contrary to the required immunization measures; or
(c) A written certification signed by any parent or legal guardian of the child or any adult in loco parentis to the child that the signator has either a philosophical or personal objection to the immunization of the child. A philosophical or personal objection may not be used to exempt a child from the measles, mumps, and rubella vaccine.
(2)(a) The form presented on or after July 22, 2011, must include a statement to be signed by a health care practitioner stating that he or she provided the signator with information about the benefits and risks of immunization to the child. The form may be signed by a health care practitioner at any time prior to the enrollment of the child in a school or licensed day care. Photocopies of the signed form or a letter from the health care practitioner referencing the child's name shall be accepted in lieu of the original form.
(b) A health care practitioner who, in good faith, signs the statement provided for in (a) of this subsection is immune from civil liability for providing the signature.
(c) Any parent or legal guardian of the child or any adult in loco parentis to the child who exempts the child due to religious beliefs pursuant to subsection (1)(b) of this section is not required to have the form provided for in (a) of this subsection signed by a health care practitioner if the parent or legal guardian demonstrates membership in a religious body or a church in which the religious beliefs or teachings of the church preclude a health care practitioner from providing medical treatment to the child.
(3) For purposes of this section, "health care practitioner" means a physician licensed under chapter 18.71 or 18.57 RCW, a naturopath licensed under chapter 18.36A RCW, a physician assistant licensed under chapter 18.71A RCW, or an advanced practice registered nurse licensed under chapter 18.79 RCW.
[ 2025 c 58 s 5086; 2020 c 80 s 27; 2019 c 362 s 2; 2011 c 299 s 1; 1991 c 3 s 290; 1990 c 33 s 193; 1984 c 40 s 5; 1979 ex.s. c 118 s 4. Formerly RCW 28A.31.106.]
Notes:
Effective date—2025 c 58 ss 5058-5170: See note following RCW 7.68.030.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective date—2020 c 80 ss 12-59: See note following RCW 7.68.030.
Intent—2020 c 80: See note following RCW 18.71A.010.
Severability—1984 c 40: See note following RCW 28A.195.050.
Effective date—Severability—1979 ex.s. c 118: See notes following RCW 28A.210.060.

catchline: Immunization program—Exemptions. (Effective until June 30, 2027.)


title: RCW 28A.210.100

text:
The immunizations required by RCW 28A.210.060 through 28A.210.170 may be obtained from any private or public source desired: PROVIDED, That the immunization is administered and records are made in accordance with the regulations of the state board of health. Any person or organization administering immunizations shall furnish each person immunized, or his or her parent or legal guardian, or any adult in loco parentis to the child, with a written record of immunization given in a form prescribed by the state board of health.
[ 1990 c 33 s 194; 1984 c 40 s 7; 1979 ex.s. c 118 s 6. Formerly RCW 28A.31.110.]
Notes:
Severability—1984 c 40: See note following RCW 28A.195.050.
Effective date—Severability—1979 ex.s. c 118: See notes following RCW 28A.210.060.

catchline: Immunization program—Source of immunizations—Written records.


title: RCW 28A.210.110

text:
A child's proof of immunization or certification of exemption shall be presented to the chief administrator of the public or private school or day care center or to his or her designee for that purpose. The chief administrator shall:
(1) Retain such records pertaining to each child at the school or day care center for at least the period the child is enrolled in the school or attends such center;
(2) Retain a record at the school or day care center of the name, address, and date of exclusion of each child excluded from school or the center pursuant to RCW 28A.210.120 for not less than three years following the date of a child's exclusion;
(3) File a written annual report with the department of health on the immunization status of students or children attending the day care center at a time and on forms prescribed by the department of health; and
(4) Allow agents of state and local health departments access to the records retained in accordance with this section during business hours for the purposes of inspection and copying.
[ 1991 c 3 s 291; 1990 c 33 s 195; 1979 ex.s. c 118 s 7. Formerly RCW 28A.31.112.]
Notes:
Effective date—Severability—1979 ex.s. c 118: See notes following RCW 28A.210.060.

catchline: Immunization program—Administrator's duties upon receipt of proof of immunization or certification of exemption.


title: RCW 28A.210.120

text:
It shall be the duty of the chief administrator of every public and private school and day care center to prohibit the further presence at the school or day care center for any and all purposes of each child for whom proof of immunization, certification of exemption, or proof of compliance with an approved schedule of immunization has not been provided in accordance with RCW 28A.210.080 and to continue to prohibit the child's presence until such proof of immunization, certification of exemption, or approved schedule has been provided. The exclusion of a child from a school shall be accomplished in accordance with rules of the office of the superintendent, in consultation with the state board of health. The exclusion of a child from a day care center shall be accomplished in accordance with rules of the department of social and health services. Prior to the exclusion of a child, each school or day care center shall provide written notice to the parent(s) or legal guardian(s) of each child or to the adult(s) in loco parentis to each child, who is not in compliance with the requirements of RCW 28A.210.080. The notice shall fully inform such person(s) of the following: (1) The requirements established by and pursuant to RCW 28A.210.060 through 28A.210.170; (2) the fact that the child will be prohibited from further attendance at the school unless RCW 28A.210.080 is complied with; (3) such procedural due process rights as are hereafter established pursuant to RCW 28A.210.160 and/or 28A.210.170, as appropriate; and (4) the immunization services that are available from or through the local health department and other public agencies.
[ 2006 c 263 s 909; 1990 c 33 s 196; 1985 c 49 s 3; 1984 c 40 s 8; 1979 ex.s. c 118 s 8. Formerly RCW 28A.31.114.]
Notes:
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
Severability—1984 c 40: See note following RCW 28A.195.050.
Effective date—Severability—1979 ex.s. c 118: See notes following RCW 28A.210.060.

catchline: Immunization program—Prohibiting child's presence—Notice to parent, guardian, or adult in loco parentis.


title: RCW 28A.210.130

text:
The superintendent of public instruction shall provide for information about the immunization program and requirements under RCW 28A.210.060 through 28A.210.170 to be widely available throughout the state in order to promote full use of the program.
[ 1990 c 33 s 197; 1985 c 49 s 4. Formerly RCW 28A.31.115.]

catchline: Immunization program—Superintendent of public instruction to provide information.


title: RCW 28A.210.140

text:
The state board of health shall adopt and is hereby empowered to adopt rules pursuant to chapter 34.05 RCW which establish the procedural and substantive requirements for full immunization and the form and substance of the proof thereof, to be required pursuant to RCW 28A.210.060 through 28A.210.170.
[ 1990 c 33 s 198; 1984 c 40 s 9; 1979 ex.s. c 118 s 9. Formerly RCW 28A.31.116.]
Notes:
Severability—1984 c 40: See note following RCW 28A.195.050.
Effective date—Severability—1979 ex.s. c 118: See notes following RCW 28A.210.060.

catchline: Immunization program—State board of health rules, contents.


title: RCW 28A.210.150

text:
The superintendent of public instruction by rule shall provide procedures for schools to quickly verify the immunization records of students transferring from one school to another before the immunization records are received.
[ 1985 c 49 s 5. Formerly RCW 28A.31.117.]

catchline: Immunization program—Superintendent of public instruction by rule to adopt procedures for verifying records.


title: RCW 28A.210.160

text:
The superintendent of public instruction with regard to public schools and the state board of education with regard to private schools, in consultation with the state board of health, shall each adopt rules pursuant to chapter 34.05 RCW that establish the procedural and substantive due process requirements governing the exclusion of children from schools pursuant to RCW 28A.210.120.
[ 2006 c 263 s 910; 1990 c 33 s 199; 1979 ex.s. c 118 s 10. Formerly RCW 28A.31.118.]
Notes:
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
Effective date—Severability—1979 ex.s. c 118: See notes following RCW 28A.210.060.

catchline: Immunization program—Rules.


title: RCW 28A.210.170

text:
The department of social and health services shall and is hereby empowered to adopt rules pursuant to chapter 34.05 RCW which establish the procedural and substantive due process requirements governing the exclusion of children from day care centers pursuant to RCW 28A.210.120.
[ 1990 c 33 s 200; 1979 ex.s. c 118 s 11. Formerly RCW 28A.31.120.]
Notes:
Effective date—Severability—1979 ex.s. c 118: See notes following RCW 28A.210.060.

catchline: Immunization program—Department of social and health services' rules, contents.


title: RCW 28A.210.255

text:
Any employee of a public school district or private school that performs health services, such as catheterization, must have a job description that lists all of the health services that the employee may be required to perform for students.
[ 2003 c 172 s 2.]

catchline: Provision of health services in public and private schools—Employee job description.


title: RCW 28A.210.260

text:
(1) Public school districts and private schools which conduct any of grades kindergarten through the twelfth grade may provide for the administration of oral medication, topical medication, eye drops, ear drops, or nasal spray, of any nature to students who are in the custody of the school district or school at the time of administration, but are not required to do so by this section, subject to the following conditions:
(a) The board of directors of the public school district or the governing board of the private school or, if none, the chief administrator of the private school shall adopt policies which address the designation of employees who may administer oral medications, topical medications, eye drops, ear drops, or nasal spray to students, the acquisition of parent requests and instructions, and the acquisition of requests from licensed health professionals prescribing within the scope of their prescriptive authority and instructions regarding students who require medication for more than fifteen consecutive school days, the identification of the medication to be administered, the means of safekeeping medications with special attention given to the safeguarding of legend drugs as defined in chapter 69.41 RCW, and the means of maintaining a record of the administration of such medication. Policies adopted in accordance with this subsection (1) may not permit a school nurse to delegate the responsibility to administer student medications to a parent-designated adult who is not a school employee;
(b) The board of directors shall seek advice from one or more licensed physicians or nurses in the course of developing the foregoing policies;
(c) The public school district or private school is in receipt of a written, current and unexpired request from a parent, or a legal guardian, or other person having legal control over the student to administer the medication to the student;
(d) The public school district or the private school is in receipt of: (i) A written, current and unexpired request from a licensed health professional prescribing within the scope of his or her prescriptive authority for administration of the medication, as there exists a valid health reason which makes administration of such medication advisable during the hours when school is in session or the hours in which the student is under the supervision of school officials; and (ii) written, current and unexpired instructions from such licensed health professional prescribing within the scope of his or her prescriptive authority regarding the administration of prescribed medication to students who require medication for more than fifteen consecutive workdays;
(e) The medication is administered by an employee designated by or pursuant to the policies adopted pursuant to (a) of this subsection and in substantial compliance with the prescription of a licensed health professional prescribing within the scope of his or her prescriptive authority or the written instructions provided pursuant to (d) of this subsection;
(f) The medication is first examined by the employee administering the same to determine in his or her judgment that it appears to be in the original container and to be properly labeled;
(g) The board of directors shall designate a professional person licensed pursuant to chapter 18.71 or 18.79 RCW as it applies to registered nurses and *advanced registered nurse practitioners, to delegate to, train, and supervise the designated school district personnel in proper medication procedures; and
(h) To be eligible to be a parent-designated adult, a school district employee not licensed under chapter 18.79 RCW must file, without coercion by the employer, a voluntary written, current, and unexpired letter of intent stating the employee's willingness to be a parent-designated adult. If a school district employee who is not licensed under chapter 18.79 RCW chooses not to file a letter under this section, the employee may not be subject to any employer reprisal or disciplinary action for refusing to file a letter. A parent-designated adult must be a volunteer, who may be a school district employee. The professional person designated under this subsection is not responsible for the supervision of the parent-designated adult for those procedures that are authorized by the parents.
(2) This section does not apply to:
(a) Topical sunscreen products regulated by the United States food and drug administration for over-the-counter use. Provisions related to possession and application of topical sunscreen products are in RCW 28A.210.278; and
(b) Opioid overdose reversal medication. Provisions related to maintenance and administration of opioid overdose reversal medication are in RCW 28A.210.390.
[ 2021 c 29 s 2; 2019 c 314 s 41; 2017 c 186 s 2; 2013 c 180 s 1; 2012 c 16 s 1; 2000 c 63 s 1; 1994 sp.s. c 9 s 720; 1982 c 195 s 1. Formerly RCW 28A.31.150.]
Notes:
*Reviser's note: The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Declaration—2019 c 314: See note following RCW 18.22.810.
Application—Short title—Effective date—2017 c 186: See notes following RCW 28A.210.278.
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1982 c 195: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1982 c 195 s 4.]

catchline: Public and private schools—Administration of medication—Conditions.