Text of WA HB 2941 (2016)

AN ACT Relating to privacy and sex-specific use of school 1 bathrooms and athletic facilities; and amending RCW 28A.640.020. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 3 Sec. 1. RCW 28A.640.020 and 1994 c 213 s 1 are each amended to 4 read as follows: 5 (1) The superintendent of public instruction shall develop 6 ((regulations)) rules and guidelines to eliminate sex discrimination 7 as it applies to public school employment, counseling and guidance 8 services to students, recreational and athletic activities for 9 students, access to course offerings, and in textbooks and 10 instructional materials used by students. 11 (a) Specifically with respect to public school employment, all 12 schools shall be required to: 13 (i) Maintain credential requirements for all personnel without 14 regard to sex; 15 (ii) Make no differentiation in pay scale on the basis of sex; 16 (iii) Assign school duties without regard to sex except where 17 such assignment would involve duty in areas or situations, such as 18 but not limited to a shower room, where persons might be disrobed; 19 (iv) Provide the same opportunities for advancement to males and 20 females; and 21 H-3917.2 HOUSE BILL 2941 State of Washington 64th Legislature 2016 Regular Session By Representatives Short, Klippert, McCabe, Griffey, Manweller, Dent, Johnson, Buys, Shea, Wilcox, and Van Werven p. 1 HB 2941 (v) Make no difference in conditions of employment including, but 1 not limited to, hiring practices, leaves of absence, hours of 2 employment, and assignment of, or pay for, instructional and 3 noninstructional duties, on the basis of sex. 4 (b) Specifically with respect to counseling and guidance services 5 for students, they shall be made available to all students equally. 6 All certificated personnel shall be required to stress access to all 7 career and vocational opportunities to students without regard to 8 sex. 9 (c) Specifically with respect to recreational and athletic 10 activities, they shall be offered to all students without regard to 11 sex. Schools may provide separate teams for each sex. Schools which 12 provide the following shall do so with no disparities based on sex: 13 Equipment and supplies; medical care; services and insurance; 14 transportation and per diem allowances; opportunities to receive 15 coaching and instruction; laundry services; assignment of game 16 officials; opportunities for competition, publicity and awards; 17 scheduling of games and practice times including use of courts, gyms, 18 and pools: PROVIDED, That such scheduling of games and practice times 19 shall be determined by local administrative authorities after 20 consideration of the public and student interest in attending and 21 participating in various recreational and athletic activities. Each 22 school which provides showers, toilets, or training room facilities 23 for athletic purposes shall provide comparable facilities for both 24 sexes. Such facilities may be provided either as separate facilities 25 or shall be scheduled and used separately by each sex. 26 The superintendent of public instruction shall also be required 27 to develop a student survey to distribute every three years to each 28 local school district in the state to determine student interest for 29 male/female participation in specific sports. 30 (d) Specifically with respect to course offerings, all classes 31 shall be required to be available to all students without regard to 32 sex: PROVIDED, That separation is permitted within any class during 33 sessions on sex education or gym classes. 34 (e) Specifically with respect to textbooks and instructional 35 materials, which shall also include, but not be limited to, reference 36 books and audiovisual materials, they shall be required to adhere to 37 the guidelines developed by the superintendent of public instruction 38 to implement the intent of this chapter: PROVIDED, That this 39 subsection shall not be construed to prohibit the introduction of 40 p. 2 HB 2941 material deemed appropriate by the instructor for educational 1 purposes. 2 (2)(a) By December 31, 1994, the superintendent of public 3 instruction shall develop criteria for use by school districts in 4 developing sexual harassment policies as required under (b) of this 5 subsection. The criteria shall address the subjects of grievance 6 procedures, remedies to victims of sexual harassment, disciplinary 7 actions against violators of the policy, and other subjects at the 8 discretion of the superintendent of public instruction. Disciplinary 9 actions must conform with collective bargaining agreements and state 10 and federal laws. The superintendent of public instruction also shall 11 supply sample policies to school districts upon request. 12 (b) By June 30, 1995, every school district shall adopt and 13 implement a written policy concerning sexual harassment. The policy 14 shall apply to all school district employees, volunteers, parents, 15 and students, including, but not limited to, conduct between 16 students. 17 (c) School district policies on sexual harassment shall be 18 reviewed by the superintendent of public instruction considering the 19 criteria established under (a) of this subsection as part of the 20 monitoring process established in RCW 28A.640.030. 21 (d) The school district's sexual harassment policy shall be 22 conspicuously posted throughout each school building, and provided to 23 each employee. A copy of the policy shall appear in any publication 24 of the school or school district setting forth the rules, 25 regulations, procedures, and standards of conduct for the school or 26 school district. 27 (e) Each school shall develop a process for discussing the 28 district's sexual harassment policy. The process shall ensure the 29 discussion addresses the definition of sexual harassment and issues 30 covered in the sexual harassment policy. 31 (f) "Sexual harassment" as used in this section means unwelcome 32 sexual advances, requests for sexual favors, sexually motivated 33 physical contact, or other verbal or physical conduct or 34 communication of a sexual nature if: 35 (i) Submission to that conduct or communication is made a term or 36 condition, either explicitly or implicitly, of obtaining an education 37 or employment; 38 p. 3 HB 2941 (ii) Submission to or rejection of that conduct or communication 1 by an individual is used as a factor in decisions affecting that 2 individual's education or employment; or 3 (iii) That conduct or communication has the purpose or effect of 4 substantially interfering with an individual's educational or work 5 performance, or of creating an intimidating, hostile, or offensive 6 educational or work environment. 7 (3) Schools must provide toilets and restroom facilities for each 8 sex with no disparities based on sex. Each school must provide 9 facilities to be used separately by each sex. Schools may provide a 10 gender-neutral single occupant bathroom to accommodate a student's 11 privacy concerns. 12 (4) "Sex" as used in this section means biological sex or sex 13 assigned at birth. 14 (5) The provisions of chapter 49.60 RCW and any rules or 15 guidelines adopted by the superintendent of public instruction 16 pursuant to the provisions of chapter 49.60 RCW do not apply to 17 subsections (1)(c) and (3) of this section. 18 --- END --- p. 4 HB 2941