Current through Register Vol. 24-06, March 15, 2024
(1)
Authority and purpose. The
authority for this chapter is
RCW
28A.300.150, which requires the
superintendent of public instruction to adopt rules addressing the prevention
of sexual abuse of students in kindergarten through twelfth grade and child
abuse for purposes of curricula used in public schools. The purpose of this
chapter is to address the prevention of child sexual abuse of students in
kindergarten through twelfth grade for purposes of curricula used in public
schools.
(2)
Definitions. As used in this chapter the terms:
(a) "Charter school" means a public school
governed by a charter school board and operated according to the terms of a
charter contract executed under chapter 28A.710 RCW.
(b) "Child sexual abuse prevention" means the
prevention of unwanted conduct of a sexual nature occurring once or repeatedly
in youth in kindergarten through twelfth grade. This may include, but is not
limited to, the following:
(i) Sexual
abuse;
(ii) Sexual
exploitation;
(iii) Sexual
violence; or
(iv) Sexual
assault.
(c) "Child
sexual abuse prevention curriculum" means written instructional materials used
with students in kindergarten through twelfth grade for the purpose of child
sexual abuse prevention during a unit of study expressly intended for that
purpose.
(d) "Parent" has the same
meaning as in WAC
392-172A-01125.
(e) "Tribal compact school" means a school
that is:
(i) The subject of a state-tribal
education compact that is approved and executed in accordance with this
chapter; and
(ii) Operated
according to the terms of a state-tribal education compact.
(3)
Local
option. School districts, charter schools, and tribal compact schools
may, at their discretion, implement child abuse prevention curricula in
accordance with this chapter.
(4)
Resources. All school districts, charter schools, or tribal
compact schools that implement a child sexual abuse prevention curriculum must
review the information, recommendations, and resources disseminated by the
office of superintendent of public instruction under
RCW
28A.300.150 before implementing the
curriculum.
(5)
Notification.
(a)
Notice to
parents. School districts, charter schools, and tribal compact schools
must, at least one month before teaching a child sexual abuse prevention
curriculum in any classroom or other public school venue, provide notice to
parents of the planned instruction and that the materials or course of study
are available for inspection. Such notification includes all formats of
instruction included in the child sexual abuse prevention curriculum including,
but not limited to, written materials, guest speakers, classroom presentations,
videos, electronically formatted materials.
(b)
Notice to students. At least
one month before teaching a child sexual abuse prevention curriculum in any
classroom or other public school venue, school districts, charter schools, and
tribal compact schools must provide notice to students of the planned
instruction. The notification must inform students that parents have received
notice of the planned instruction pursuant to this section.
(6)
Excusal of
students.
(a)
Written
request. Any parent who wishes to have their child excused from any
planned instruction in child sexual abuse prevention may do so upon filing a
written request to the school in accordance with school policy. The school must
make the appropriate forms available to parents for such requests.
(b)
Excusal of students.
Alternative educational opportunities must be provided to excused
students.
(7)
Policies and procedures. School districts, charter schools, and
tribal compact schools that adopt a child sexual abuse curriculum must maintain
policies and procedures regarding reporting and responding to child sexual
abuse, and provide professional development related to child sexual
abuse.