RCW 28A.600.477
Prohibition of harassment, intimidation, and bullying.
(1)(a) By January 31, 2020, each school district must adopt or amend if necessary a policy and procedure prohibiting harassment, intimidation, and bullying of any student and that, at a minimum, incorporates the model policy and procedure described in subsection (3) of this section.
(b) School districts must share the policy and procedure prohibiting harassment, intimidation, and bullying with parents or guardians, students, volunteers, and school employees in accordance with the rules adopted by the office of the superintendent of public instruction.
(c)(i) Each school district must designate one person in the school district as the primary contact regarding the policy and procedure prohibiting harassment, intimidation, and bullying. In addition to other duties required by law and the school district, the primary contact must:
(A) Ensure the implementation of the policy and procedure prohibiting harassment, intimidation, and bullying;
(B) Receive copies of all formal and informal complaints relating to harassment, intimidation, or bullying;
(C) Communicate with the school district employees responsible for monitoring school district compliance with chapter 28A.642 RCW prohibiting discrimination in public schools, and the primary contact regarding the school district’s policies and procedures related to transgender students under RCW 28A.642.080; and
(D) Serve as the primary contact between the school district, the office of the education ombuds, and the office of the superintendent of public instruction on the policy and procedure prohibiting harassment, intimidation, and bullying.
(ii) The primary contact from each school district must attend at least one training class as provided in subsection (4) of this section, once this training is available.
(iii) The primary contact may also serve as the primary contact regarding the school district’s policies and procedures relating to transgender students under RCW 28A.642.080.
(2) School districts are encouraged to adopt and update the policy and procedure prohibiting harassment, intimidation, and bullying through a process that includes representation of parents or guardians, school employees, volunteers, students, administrators, and community representatives.
(3)(a) By September 1, 2019, and periodically thereafter, the Washington state school directors’ association must collaborate with the office of the superintendent of public instruction to develop and update a model policy and procedure prohibiting harassment, intimidation, and bullying.
(b) Each school district must provide to the office of the superintendent of public instruction a brief summary of its policies, procedures, programs, partnerships, vendors, and instructional and training materials prohibiting harassment, intimidation, and bullying to be posted on the office of the superintendent of public instruction’s school safety center website, and must also provide the office of the superintendent of public instruction with a link to the school district’s website for further information. The school district’s primary contact for harassment, intimidation, and bullying issues must annually by August 15th verify posted information and links and notify the school safety center of any updates or changes.
(c) The office of the superintendent of public instruction must publish on its website, with a link to the school safety center website, the revised and updated model policy and procedure prohibiting harassment, intimidation, and bullying, along with training and instructional materials on the components that must be included in any school district policy and procedure prohibiting harassment, intimidation, and bullying. By September 1, 2019, the office of the superintendent of public instruction must adopt rules regarding school districts’ communication of the policy and procedure prohibiting harassment, intimidation, and bullying to parents, students, employees, and volunteers.
(4) By December 31, 2020, the office of the superintendent of public instruction must develop a statewide training class for those people in each school district who act as the primary contact regarding the policy and procedure prohibiting harassment, intimidation, and bullying as provided in subsection (1) of this section. The training class must be offered on an annual basis by educational service districts in collaboration with the office of the superintendent of public instruction. The training class must be based on the model policy and procedure prohibiting harassment, intimidation, and bullying as provided in subsection (3) of this section and include materials related to hazing and the Washington state school directors’ association model transgender student policy and procedure as provided in RCW 28A.642.080.
(5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) “Electronic” means any communication where there is the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means.
(b)(i) “Harassment, intimidation, or bullying” means any intentional electronic, written, verbal, or physical act including, but not limited to, one shown to be motivated by any characteristic in RCW 28A.640.010 and 28A.642.010, or other distinguishing characteristics, when the intentional electronic, written, verbal, or physical act:
(A) Physically harms a student or damages the student’s property;
(B) Has the effect of substantially interfering with a student’s education;
(C) Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or
(D) Has the effect of substantially disrupting the orderly operation of the school.
(ii) Nothing in (b)(i) of this subsection requires the affected student to actually possess a characteristic that is a basis for the harassment, intimidation, or bullying.
[ 2019 c 194 § 1.]
RCS 28A.300.285 (2010): http://apps.leg.wa.gov/RCW/default.aspx?cite=28A.300.285. “By August 1, 2011, each school district shall adopt or amend if necessary a policy and procedure…”
“‘Harassment, intimidation, or bullying’ means any intentional electronic, written, verbal, or physical act, including but not limited to one shown to be motivated by any characteristic in RCW 9A.36.080(3), or other distinguishing characteristics, when the intentional electronic, written, verbal, or physical act…”
Implicitly includes off campus behaviors because it includes behaviors that have: “…the effect of substantially disrupting the orderly operation of the school.”
“The Washington state school directors’ association, with the assistance of the office of the superintendent of public instruction, shall convene an advisory committee to develop a model policy prohibiting acts of harassment, intimidation, or bullying that are conducted via electronic means by a student while on school grounds and during the school day. The policy shall include a requirement that materials meant to educate parents and students about the seriousness of cyberbullying be disseminated to parents or made available on the school district’s web site.”
S.B. 5288, 2007: Revised Code of Washington §28A.300.285; Adds cyber bullying to the Harassment and bullying Act that Schools must have a policy for; terms of penalty are determined by the School;
AN ACT Relating to including cyberbullying in school district harassment prevention policies.
http://lawfilesext.leg.wa.gov/biennium/2005-06/Pdf/Bill%20Reports/House/5849-S.HBR.pdf (summary)
Cyberstalking (RCW 9.61.260): “A person is guilty of cyberstalking if he or she, with intent to harass, intimidate, torment, or embarrass any other person, and under circumstances not constituting telephone harassment, makes an electronic communication to such other person or a third party: (a) Using any lewd, lascivious, indecent, or obscene words, images, or language, or suggesting the commission of any lewd or lascivious act; (b) Anonymously or repeatedly whether or not conversation occurs; or (c) Threatening to inflict injury on the person or property of the person called or any member of his or her family or household.” (http://apps.leg.wa.gov/rcw/default.aspx?cite=9.61.260)
