Supplemental Notice to WSR 01-12-062.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule: WAC 148-120-100 Conduct violations.

     Purpose: To implement federal regulatory changes regarding discipline enacted March 12, 1999, resulting from the 1997 amendments to the Individuals with Disabilities Education Act and conform procedures to state law.

     Statutory Authority for Adoption: RCW 72.40.200.

     Statute Being Implemented: RCW 72.40.022.

     Summary: Changes are needed as part of the updates to comply with the federal regulatory changes regarding discipline for children with disabilities adopted on March 12, 1999, as a result of the 1997 amendments to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the corresponding state regulatory changes related to disciplinary exclusion adopted by the State Educational Agency, Office of the Superintendent of Public Instruction, on January 1, 2000. Changes update the student conduct code section describing conduct violations which are subject to discipline.

     Reasons Supporting Proposal: Required by federal and state law.

     Name of Agency Personnel Responsible for Drafting: Bonnie Y. Terada, Attorney General's Office, 1220 Main Street, Suite 510, Vancouver, WA 98660, (360) 759-2100; Implementation and Enforcement: Len Aron, Washington School for the Deaf, 611 Grand Boulevard, Vancouver, WA 98661-4918, (360) 414-0400.

     Name of Proponent: Washington State School for the Deaf, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: The new and revised rules update the student conduct code section listing and describing rules of conduct, which if violated, are subject to discipline. The rules are intended to promote student safety and respect for the rights of others.

     Proposal Changes the Following Existing Rules: As described above.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. No small business impacts have been identified.

     Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. RCW 34.05.328 does not apply to this rule adoption. The rules are not considered significant legislative rules by the Washington School for the Deaf.

     Hearing Location: Washington State School for the Deaf, Administrative Conference Room, 611 Grand Boulevard, Vancouver, WA 98661, on September 4, 2001, at 11:00 a.m.

     Assistance for Persons with Disabilities: Contact Judy Smith by August 30, 2001, TTY (360) 414-0401, or (360) 414-0401.

     Submit Written Comments to: Len Aron, Superintendent, Washington School for the Deaf, 611 Grand Boulevard, Vancouver, WA 98661-4918, fax (360) 696-6291, by August 31, 2001.

     Date of Intended Adoption: September 4, 2001.

July 24, 2001

Tommy Meehan

Director of Education

     The following offenses are prohibited:

     (1) Physical abuse. Actual, attempted, or threatened physical abuse of any person or conduct which threatens or endangers the health and safety of any person or which intentionally causes a reasonable apprehension of harm to any person.

     (2) Destroying or damaging property. Destroying, defacing, or damaging school property or the property of others on school premises or at school-sponsored activities.

     (3) Sexual harassment. Engaging in unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature ((where such behavior offends the recipient, causes discomfort or humiliation, or interferes with job or school performance)) when:

     (a) Submission to the conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining an education;

     (b) Submission to or rejection of that conduct or communication by a person is used as a factor in decisions affecting that person's education;

     (c) That conduct or communication has the purpose or effect of substantially or unreasonably interfering with a person's education; or creating an intimidating, hostile, or offensive educational environment.

     Sexual harassment may include, but is not limited: Unwelcome verbal harassment or abuse; unwelcome pressure for sexual activity; unwelcome, sexually motivated or inappropriate patting, pinching, or physical contact; unwelcome sexual behavior or words, including demands for sexual favors, accompanied by implied or overt threats concerning a person's educational status; or unwelcome behavior, verbal, signed, or written words or symbols directed an a person because of gender.

     (4) Disruption. Disorderly, intimidating or abusive behavior which interferes with the rights of others, school, or school-sponsored activities; obstructing the free movement of people or vehicles; inciting others to engage in prohibited conduct; or threatening disruption.

     (5) Insubordination. Refusal or failure to follow instructions and proper orders of school officials, while on school property, during transportation to and from school, or at school-sponsored activities, thereby infringing upon the rights and privileges of others, and/or refusal to desist from prohibited conduct.

     (6) False alarms. Falsely setting off, improper use or disabling of any safety equipment, alarm, exit sign, or other device.

     (7) False information. Filing a formal complaint which falsely accuses another with violation of this chapter, falsifying information to school officials, or forging or tendering any forged instrument to the school.

     (8) Theft. Actual or attempted theft of property or services belonging to the school, any student, school employee, or school visitor, including knowing possession of stolen property.

     (9) Academic dishonesty. All forms of cheating, plagiarism and fabrication, including submitting any work product that the student misrepresents as his or her work product for the purpose of fulfilling any assignment or task required as part of the student's course of studies.

     (10) Conversion. Unauthorized use or possession of school equipment or services.

     (11) Unlawful entry and trespassing. Entering and/or remaining in any administrative or other employee office or any locked or otherwise closed school facility, in any manner, at any time, without permission.

     (12) Smoking. Students are not allowed to smoke or use tobacco products on school premises or during school-sponsored activities.

     (13) Alcohol. Use, possession, distribution of, or visible intoxication from alcoholic beverages is prohibited on school property or at school-sponsored activities.

     (14) Drugs and controlled substances. Use, possession, distribution, or being visibly under the influence of any ((narcotic or)) controlled substance or illegal drug as defined in ((the Uniform Controlled Substances Act, chapter 69.50 RCW, as amended)) WAC 148-120-300, except when the use or possession of a drug is specifically prescribed as medication by an authorized medical doctor or dentist.

     (15) Weapons, lasers, and dangerous chemicals. Unauthorized use, possession or storage of any weapon, laser, explosives, dangerous chemicals, substances or instruments, which ((may be used to inflict)) is capable of causing bodily harm on another or damage upon school property or personal property.

     (((16) Other conduct. Any other conduct or action, the terms and violations of which are published annually in the student/parent handbook, in which the school can demonstrate a clear and distinct interest and which substantially threatens the educational process or other legitimate function of the school or the health or safety of any member of the school community is prohibited.))

     (16) Sexual violence. Sexual violence is a physical act of aggression or force or the threat thereof which involves the touching of another's intimate parts. Intimate parts include the primary genital area, groin, inner thighs, buttocks or breast, as well as the clothing covering these areas. Sexual violence may include, but is not limited to:

     (a) Touching, patting, grabbing or pinching another person's intimate parts, whether that person is of the same or the opposite sex;

     (b) Coercing, forcing, attempting to coerce or force the touching of anyone's intimate parts;

     (c) Coercing, forcing, or attempting to coerce or force sexual intercourse or a sexual act on another;

     (d) Threatening to force or coerce sexual acts, including the touching of intimate parts or intercourse, on another; or

     (e) Threatening of forcing exposure of intimate apparel or body parts by removal of clothing.

     (17) Sexual activity and displays of affection. Sexual activity involves touching of another's intimate parts. Intimate parts include the primary genital area, groin, inner thighs, buttocks or breast, as well as the clothing covering these areas. Even if consensual or mutually agreed to, sexual activity is prohibited. Excessive displays of affection are not appropriate in school or at any school-related function. Prohibited conduct includes, but is not limited to: any physical expression of affection that is intimate or sexual in nature, passionate or prolonged kissing, sexual touching, or fondling.

     (18) Pornography. Possession, distribution, display, creation or production of sexually explicit or erotic material. Sexually explicit material includes material defined in RCW 9.68.130. Erotic material includes material defined in RCW 9.68.050.

     (19) Malicious harassment. Harassment consists of verbal or physical conduct relating to a person's actual or perceived national origin, disability, race, sexual orientation, or religion, which has the purpose or effect of creating an intimidating, hostile or offensive academic, residential or work environment, or the purpose or effect of substantially or unreasonably interfering with a person's academic or work performance, or otherwise adversely affects a person's academic or work opportunities. Harassment may include: name calling, gestures, bullying, mimicking, mocking, derogatory jokes, remarks or rumors, unwelcome touching of a person or clothing, offensive or graphic posters, book covers, notes or cartoons, graffiti, display or circulation of written materials or pictures, or any other malicious or insensitive conduct of a severe or pervasive nature directed at the characteristics of a person's national origin, customs, culture, disability, race, sexual orientation, or religion.

     (20) Unauthorized absence. Absconding from supervision; leaving or running away from the campus, a residential facility, a school building, school activity or school-related function, or school-provided transportation without permission.

     (21) Gang activity. Claiming membership in, association with, affiliation with, or participation in a gang or gang-related activities at school or during school-related functions. A gang is a self-formed association of peers having the following characteristics: A gang name and recognizable symbols, identifiable leadership, a geographic territory, a regular or recurrent meeting pattern, may be identified by law enforcement as a gang, and collective actions to engage in serious criminal, or violent behavior. The type of dress, apparel, activities, acts, behavior, or manner of grooming displayed, reflected, or participated in by a student shall not:

     (a) Lead school officials to reasonably believe that such behavior, apparel, activities, acts, or other attributes are gang-related, and would disrupt or interfere with the school environment or activity, and/or educational objectives;

     (b) Present a safety hazard to self, students, or staff;

     (c) Create an atmosphere in which a student, or other person's well-being is hindered by undue pressure, behavior, intimidation, overt gesture, or threat of violence; or

     (d) Imply gang membership or affiliation by written communication, marks, drawings, painting, design, emblem upon any school or personal property, or one's person.

     (22) Extortion. Obtaining or attempting to obtain by threat or bribery, money, property or services (including sexual favors) of another. Threats include direct as well as indirect communication.

     (23) Hazing. Conspiring to engage in or participating in any method of initiation into a student organization or group, or any pastime or amusement engaged in with respect to such an organization or group that causes, or is likely to cause, bodily danger or physical harm, or serious mental or emotional harm, to any student. This does not include customary athletic events or other similar contests or competitions.

     (24) Misuse of computers, electronic data or communications. (a) Unauthorized copying of school-owned or licensed software or another computer user's data for personal or external use.

     (b) Modifying or damaging, attempting to modify or damage, computer equipment, software, databases, files needed in another person's school work, or communications lines;

     (c) Disrupting or attempting to disrupt computer operations;

     (d) Invading the privacy of another person by using electronic means to obtain confidential information, even if access to such information is inadvertently allowed;

     (e) Abusing or harassing another person through electronic means;

     (f) Using the school's computing facilities in the commission of a crime or a violation of the student conduct code;

     (g) Using computer services without authorization;

     (h) Allowing another person to use one's computer identity/account or using another person's computer identity/account. This includes, but is not limited to, logging on to the account, accessing programs, and reading or altering computer records without authorization.

     (25) Other conduct. Any other conduct or action, the terms and violations of which are published annually in the student/parent handbook, in which the school can demonstrate a clear and distinct interest and which substantially threatens the educational process or other legitimate function of the school or the health or safety of any member of the school community is prohibited.

[Statutory Authority: RCW 72.40.022. 94-13-058, § 148-120-100, filed 6/8/94, effective 7/9/94.]

     Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

     Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

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