3143 Notification and Dissemination of Information about Student Offenses and Notification of Threats of Violence or Harm
A. Notification of Student Offenses from County Sheriff’s Office, Courts, Department of Social and Health Services, Department of Corrections, and Other School Districts
1. Sex Offenses and Registered Sex or Kidnapping Offenders
a. Superintendent or Designee. Upon receipt of information about sex offenses as defined in RCW 9.94A.030 or upon receipt of information about registered sex or kidnapping offenders pursuant to RCW 9A.44.138, the superintendent or his or her designee will provide the information to the principal of the school where the student is enrolled or will enroll—or, if not known, where the student was most recently enrolled.
b. Principals. When the principal receives the information described above, he or she must then disclose the information as follows. If the student is classified as a risk level II or III, the principal shall provide the information received to every teacher of the student and to any other personnel who, in the judgment of the principal, supervises the student or for security purposes should be aware of the student’s record.
If the student is classified as a risk level I, the principal shall provide the information received only to personnel who, in the judgment of the principal, for security purposes should be aware of the student’s record.
The Department of Social and Health Services (DSHS) Sex Offender School Attendance Program assists with ensuring that juvenile sex offenders, committed to Juvenile Rehabilitation Administration (JRA), do not enroll in the same school as their victim or their victim’s siblings. If there is a conflict in schools, DSHS program staff will work with JRA to have the offender moved to another school.
d. Collaboration. The principal or designee will consult and collaborate with Department of Corrections, juvenile justice staff, treatment providers, victim support groups, and families, as applicable, when working with students required to register as a sex or kidnapping offender.
e. Inquiries by the Public. Law enforcement agencies receive relevant information about the release of sex and kidnapping offenders into communities and decide when such information needs to be released to the public. Therefore, district and school staff will refer all inquiries by the public at large (including parents and students) regarding students required to register as a sex or kidnapping offender directly to law enforcement.
2. Violent Offenses, Firearms and Dangerous Weapons Crimes, Unlawful Possession or Delivery of Controlled Substances, or School Disciplinary Actions
a. Superintendent or Designee. Upon receipt of information about a violent offense as defined in RCW 9.94A.030, any crime under Chapter 9.41 RCW, unlawful possession or delivery, or both, of a controlled substance in violation of Chapter 69.50 RCW, or a school disciplinary action, the superintendent or designee will provide the information to the principal of the school where the student is enrolled or will be enrolled—or, if not known, where the student was most recently enrolled.
b. Principals. When the principal, receives the information described above, he or she, has discretion to share the information with a district staff member if, in the principal’s judgment, the information is necessary for:
- The staff member to supervise the student;
- The staff member to provide or refer the student to therapeutic or behavioral health services; or
- Security purposes.
School principals and staff should use care not to allow a student’s demographic or personal characteristics to bias the decision of whether to share information received.
Upon receipt of information about an adjudication in juvenile court for an unlawful possession of a controlled substance in violation of Chapter 69.50 RCW, the principal must notify the student and the parent or legal guardian at least five days before sharing the information with a district staff member.
If either the student or the student's parent or legal guardian objects to the proposed sharing of the information, the student, the student's parent or legal guardian, or both, may, within five business days of receiving notice from the principal, appeal the decision to share the information with staff to the superintendent of the district in accordance with procedures developed by the district.
The superintendent shall have five business days after receiving an appeal under the above to make a written determination on the matter. Determinations by the superintendent under this subsection are final and not subject to further appeal.
A principal may not share adjudication information under this subsection with a district staff member while an appeal is pending.
4. Assignment of Student Offenders to Certain Classrooms
A student committing an offense under Chapter 9A.36 (assault), 9A.40 (kidnapping, unlawful imprisonment, custodial interference, luring, trafficking, and coercion of involuntary servitude), 9A.46 (harassment), or 9A.48 RCW (arson, reckless burning, and malicious mischief) when the activity is directed toward the teacher, shall not be assigned to that teacher’s classroom for the duration of the student’s attendance at that school or any other school where the teacher is assigned.
A student who commits an offense under Chapter 9A.36 (assault), 9A.40 (kidnapping, unlawful imprisonment, custodial interference, luring, trafficking, and coercion of involuntary servitude), 9A.46 (harassment), or 9A.48 RCW (arson, reckless burning, and malicious mischief), when directed toward another student, may be removed from the classroom of the victim for the duration of the student's attendance at that school or any other school where the victim is enrolled.
B. Notification of Threats of Violence or Harm
Students and school employees who are subjects of threats of violence or harm will be notified of the threats in a timely manner. “Threats of violence or harm” means direct or indirect communications by any means of the intent to inflict physical harm upon a specific individual or individuals or that place a person in fear of the imminent likelihood of serious harm.
The district will assess and address potential threats of violence or harm in a manner consistent with Policy and Procedure 3225: School-Based Threat Assessment, other safety policies, and comprehensive safe school plans. In instances where the threat is deemed moderate risk or high risk, or requires further intervention to prevent violence or serious harm, the school administrator shall notify the parent and/or guardian of any student who is the target/recipient of a threat as well as the parent and/or guardian of any student who made the threat. The district will ensure that the notice is in a language the parent and/or guardian understands, which may require language assistance for parents or guardians with limited-English proficiency under Title VI of the Civil Rights Act of 1964.
If there is a specific and significant threat to the health or safety of a student or other individuals, the district may disclose information from education records to appropriate parties whose knowledge of the information is necessary. Timing and details of the notice will be as extensive as permitted by the federal Family Educational Rights and Privacy Act, other legal limitations, and the circumstances.
The district may use information about a threat of harm or violence in connection with student discipline consistent with Policy and Procedure 3241: Student Discipline.
The district, board, school officials, and school employees providing notice in good faith as required and consistent with the board’s policies are immune from any liability arising out of such notification. A person who intentionally and in bad faith or maliciously, knowingly makes a false notification of a threat under this section is guilty of a misdemeanor punishable under RCW 9A.20.021.
C. Immunity
Any school district or district employee who releases the information in compliance with federal and state law is immune from civil liability for damages unless it is shown that the school district or district employee acted with gross negligence or in bad faith.
D. Notification of Criminal Action
Upon receiving a report that a criminal action is alleged to have been committed against a student on school property during the school day or during a school-sponsored activity, including if there has been a shooting on school property, or that a student has been detained on probable cause that they were involved in criminal activity on school property during the school day, the district will immediately notify the student's parents or legal guardians.