Revelant RCW's and WAC's

Several Sections of the Revised Code of Washington (RCW) and Washington Administrative Code (WAC) effect and affect the operation of the common schools of the state of Washington.  Those which parents most often need are —

Chapter 28A RCW (Common School Provisions)

Chapter 42 RCW (Disclosure—Campaign Finances—Lobbying—Records)

Chapter 180-52 WAC (Pupil Personnel Services)

                                                                             RCW Web Site

Index of Chapter 28A. RCW

28A.150.......... General provisions.

28A.155.......... Special education.

28A.160.......... Student transportation.

28A.165.......... Learning assistance program.

28A.170.......... Substance abuse awareness program.

28A.175.......... Dropout prevention and retrieval program.

28A.180.......... Transitional bilingual instruction program.
28A.185.......... Highly capable students.

28A.190.......... Residential education programs.

28A.193.......... Education programs for juvenile inmates.

28A.195.......... Private schools.

28A.200.......... Home-based instruction.

28A.205.......... Education centers.

28A.210.......... Health—Screening and requirements.

28A.215.......... Early childhood, preschools, and before-and-after school care.

28A.220.......... Traffic safety.

28A.225.......... Compulsory school attendance and admission.

28A.230.......... Compulsory course work and activities.

28A.235 ......... Food services.

28A.300.......... Superintendent of public instruction.

28A.305.......... State board of education.

28A.310.......... Educational service districts.

28A.315.......... Organization and reorganization of school districts.

28A.320.......... Provisions applicable to all districts.

28A.325.......... Associated student bodies.

28A.330.......... Provisions applicable to school districts.

28A.335.......... School districts' property.

28A.340.......... Small high school cooperative projects.

28A.345.......... Washington state school directors' association.

28A.350.......... School district warrants—Auditor's duties.

28A.400.......... Employees.

28A.405.......... Certificated employees.

28A.410.......... Certification.

28A.415.......... Institutes, workshops, and training.

28A.500.......... Local effort assistance.

28A.505.......... School districts' budgets.

28A.510.......... Apportionment to district—District accounting.

28A.515.......... Common school construction fund.

28A.520.......... Forest reserve funds distribution.

28A.525.......... Bond issues.

28A.530.......... District bonds for land, buildings, and equipment.

28A.535.......... Validating indebtedness.

28A.540.......... Capital fund aid by nonhigh school districts.

28A.545.......... Payment to high school districts.

28A.600.......... Students.

28A.605.......... Parent access.

28A.620.......... Community education programs.

28A.623.......... Meal programs.

28A.625.......... Awards.

28A.630.......... Temporary provisions—Special projects.

28A.635 ......... Offenses relating to school property and personnel.

28A.640.......... Sexual equality.

28A.645.......... Appeals from board.

28A.650.......... Education technology.

28A.690.......... Agreement on qualifications of personnel.

28A.900 ......... Construction.


Index of RCW's and WAC's most often requested by parents:

| RCW 28A.150.210 | RCW 28A.150.211 | RCW 28A.200.010 | RCW 28A.200.020 |

| RCW 28A.605.010 | RCW 28A.605.020 | RCW 28A.605.030 | RCW 42.17.130 |

| RCW 42.17.251 | RCW 42.17.300 | RCW 42.17.320 | RCW 42.30.010 |

| RCW 42.30.030 | WAC 180-52-015 | WAC 180-52-020 | WAC 180-52-025 |

| WAC 180-52-030 | WAC 180-52-025 |


RCW 28A.150.210  Basic Education Act—Goal.  The goal of the Basic Education Act for the schools of the state of Washington set forth in this chapter shall be to provide students with the opportunity to become responsible citizens, to contribute to their own economic well-being and to that of their families and communities, and to enjoy productive and satisfying lives.  To these ends, the goals of each school district, with the involvement of parents and community members, shall be to provide opportunities for all students to develop the knowledge and skills essential to:

(1) Read with comprehension, write with skill, and communicate effectively and responsibility in a variety of ways and settings;

(2) Know and apply the core concepts and principles of mathematics; social, physical, and life sciences; civics and history; geography; arts; and health and fitness;

(3) Think analytically, logically, and creatively, and to integrate experience and knowledge to form reasoned judgments and solve problems; and

(4) Understand the importance of work and how performance, effort, and decisions directly affect future career and educational opportunities. [1993 c 336 § 101; (1992c 141 § 501 repealed by 1993 c 336 § 1203); 1977 ex.s. c 359 § 2.  Formerly RCW 28A.58.752.)

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RCW 28A.150.211  Values and traits recognized.  The legislature also recognizes that certain basic values and character traits are essential to individual liberty, fulfillment, and happiness.  However, these values and traits are not intended to be assessed or be standards for graduation.  The legislature intends that local communities have the responsibility for determining how these values and character traits are learned as determined by consensus at the local level.  These values and traits include the importance of:

(1) Honesty, integrity, and trust;

(2) Respect for self and others;

(3) Responsibility for personal actions and commitments;

(4) Self-discipline and moderation;

(5) Diligence and a positive work ethic;

(6) Respect for law and authority;

(7) Healthy and positive behavior; and

(8) Family as the basis of society.  [1994 c 245 § 10.]

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RCW 28A.200.010  Home-based instruction—Duties of parents. Each parent whose child is receiving home-based instruction under RCW 28A.225.010(4) shall have the duty to:

(1) File annually a signed declaration of intent that he or she is planning to cause his or her child to receive home-based instruction.  The statement shall include the name and age of the child, shall specify whether a certificated person will be supervising the instruction, and shall be written in a format prescribed by the superintendent of public instruction.  Each parent shall file the statement by September 15 of the school year or within two weeks of the beginning of any public school quarter, trimester, or semester with the superintendent of the public school district within which the parent resides or the district that accepts the transfer, and the student shall be deemed a transfer student of the nonresident district.  Parents may apply for transfer under RCW 28A.225.220;

(2) Ensure that test scores or annual academic progress assessments and immunization records, together with any other records that are kept relating to the instructional and educational activities provided, are forwarded to any other public or private school to which the child transfers.  At the time of a transfer to a public school, the superintendent of the local school district in which the child enrolls may require a standardized achievement test to be administered and shall have the authority to determine the appropriate grade and course level placement of the child after consultation with parents and review of the child's records; and

(3) Ensure that a standardized achievement test approved by the state board of education is administered annually to the child by a qualified individual or that an annual assessment of the student's academic progress is written by a certificated person who is currently working in the field of education.  The state board of education shall not require these children to meet the student learning goals, master the essential academic learning requirements, to take the assessments, or to obtain a certificate of mastery pursuant to RCW 28A.630.885.  The standardized test administered or the annual academic progress assessment written shall be made a part of the child's permanent records.  If, as a result of the annual test or assessment, it is determined that the child is not making reasonable progress consistent with his or her age or stage of development, the parent shall make a good faith effort to remedy any deficiency.

Failure of a parent to comply with the duties in this section shall be deemed a failure of such parent's child to attend school without valid justification under RCW 28A.225.020.  Parents who do comply with the duties set forth in this section shall be presumed to be providing home-based instruction as set forth in RCW 28A.225.010(4).  [1995 c 52 § 1; 1993 c 336 § 1103; 1990 c 33 § 178; 1985 c 441 § 2.  Formerly RCW 28A.27.310.]

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RCW 28A.200.020  Home-based instruction—Certain decisions responsibility of parent unless otherwise specified.  The state hereby recognizes that parents who are causing their children to receive home-based instruction under RCW 28A.225.010(4) shall be subject only to those minimum state laws and regulations which are necessary to insure that a sufficient basic educational opportunity is provided to the children receiving such instruction.  Therefore, all decisions relating to philosophy or doctrine, selection of books, teaching materials and curriculum, and methods, timing, and place in the provision or evaluation of home-based instruction shall be the responsibility of the parent except for matters specifically referred to in this chapter.  [1990 c 33 § 179; 1985 c 441 § 3.  Formerly RCW 28A.27.320.]

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RCW 28A.605.010  Removing child from school grounds during school hours.  The board of directors of each school district by rule or regulation shall set forth proper procedure to ensure that each school within their district is carrying out district policy providing that no child may be removed from any school grounds or building thereon during school hours except by a person so authorized by a parent or legal guardian having legal custody thereof, except that a student may leave secondary school grounds only in accordance with the school district's open campus policy under RCW 28A.600.035.  Such rules shall be applicable to school employees or their designees who may not remove, cause to be removed, or allow to be removed, any student from school grounds without authorization from the student's parent or legal guardian unless the employee is:  The student's parent, legal guardian, or immediate family member, a school employee providing school bus transportation services in accordance with chapter 28A.160 RCW, a school employee supervising an extracurricular activity in which the student is participating and the employee is providing transportation to or from the activity; or, the student is in need of emergent medical care, and the employee is unable to reach the parent for transportation of the student.  School security personnel may remove a student from school grounds without parental authorization for disciplinary reasons.

Nothing in this section shall be construed to limit removal of a student from school grounds by any person acting in his or her official capacity in response to a 911 emergency call.  [1997 c 411§ 1; 1975 1st ex.s. c 248 § 1.  Formerly RCW 28A.58.050.]

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RCW 28A.605.020  Parents' access to classroom or school sponsored activities—Limitation.  Every school district board of directors shall, after following established procedure, adopt a policy assuring parents access to their child's classroom and/or school sponsored activities for purposes of observing class procedure, teaching material, and class conduct:  PROVIDED, That such observation shall not disrupt the classroom procedure or learning activity.  [1979 ex.s. c 250 § 8.  Formerly RCW 28A.58.053.]

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RCW 28A.605.030  Student education records—Parental review—Release of records—Procedure.  The parent or guardian of a student who is or has been in attendance at a school has the right to review all education records of the student.  A school may not release the education records of a student without the written consent of the student's parent or guardian, except as authorized by RCW 28A.600.475 and the family educational and privacy rights act of 1974, 20 U.S.C. Sec. 1232g.

The board of directors of each school district shall establish a procedure for:

(1) Granting the request by a parent or guardian for access to the education records of his or her child; and

(2) Prohibiting the release of student information without the written consent of the student's parent or guardian, after the parent or guardian has been informed what information is being requested, who is requesting the information and why, and what will be done with the information.

The procedure adopted by the school district must be in compliance with the family educational and privacy rights act of 1974, 20 U.S.C. Sec. 1232g.  [1997 c 119 § 1.]

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RCW 42.17.130  Forbids use of public office or agency facilities in campaigns.  No elective official nor any employee of his office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition.  Facilities of public office or agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of employees of the office or agency during working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons served by the office or agency:  PROVIDED, That the foregoing provisions of this section shall not apply to the following activities:

(1) Action taken at an open public meeting by members of an elected legislative body to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition so long as (a) any required notice of the meeting includes the title and number of the ballot proposition, and (b) members of the legislative body or members of the public are afforded an approximately equal opportunity for the expression of an opposing view;

(2) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry;

(3) Activities which are part of the normal and regular conduct of the office or agency.  [1979 ex.s. c 265 § 2; 1975-'76 2nd ex.s. c 112 § 6; 1973 c 1 § 13 (Initiative Measure No. 276, approved November 7, 1972).]

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RCW 42.17.251  Construction.  The people of this state do not yield their sovereignty to the agencies that serve them.  The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know.  The people insist on remaining informed so that they may maintain control over the instruments that they have created.  The public records subdivision of this chapter shall be liberally construed and its exemptions narrowly construed to promote this public policy.  [1992 c 139 § 2.]

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RCW 42.17.300  Charges for copying.  No fee shall be charged for the inspection of public records.  No fee shall be charged for locating public documents and making them available for copying.  A reasonable charge may be imposed for providing copies of public records and for the use by any person of agency equipment or equipment of the office of the secretary of the senate or the office of the chief clerk of the house of representatives to copy public records, which charges shall not exceed the amount necessary to reimburse the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives for its actual costs directly incident to such copying.  Agency charges for photocopies shall be imposed in accordance with the actual per page cost or other costs established and published by the agency.  In no event may an agency charge a per page cost greater than the actual per page cost as established and published by the agency.  To the extent the agency has not determined the actual per page cost for photocopies of public records, the agency may not charge in excess of fifteen cents per page.  [1995 c 397 § 14; 1995 c 341 § 2; 1973 c 1 § 30 (Initiative Measure No. 276, approved November 7, 1972).]

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RCW 42.17.320  Prompt responses required.  Responses to requests for public records shall be made promptly by agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives.  Within five business days of receiving a public record request, an agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives must respond by either (1) providing the record; (2) acknowledging that the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives has received the request and providing a reasonable estimate of the time the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives will require to respond to the request; or (3) denying the public record request.  Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request.  In acknowledging receipt of a public record request that is unclear, an agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives may ask the requestor to clarify what information the requestor is seeking.  If the requestor fails to clarify the request, the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives need not respond to it.  Denials of requests must be accompanied by a written statement of the specific reasons therefore.  Agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives shall establish mechanisms for the most prompt possible review of decisions denying inspection, and such review shall be deemed completed at the end of the second business day following the denial of inspection and shall constitute final agency action or final action by the office of the secretary of the senate or the office of the chief clerk of the house of representatives for the purposes of judicial review.  [1995 c 397 § 15; 1992 c 139 § 6; 1975 1st ex.s. c 294 § 18; 1973 c 1§ 32 (Initiative Measure No. 276, approved November 7, 1972).]

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RCW 42.30.010  Legislative declaration.  The legislature finds and declares that all public commissions, boards, councils, committees, subcommittees, departments, divisions, offices, and all other public agencies of this state and subdivisions thereof exist to aid in the conduct of the people's business.  It is the intent of this chapter that their actions be taken openly and that their deliberations be conducted openly.

The people of this state do not yield their sovereignty to the agencies which serve them.  The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know.  The people insist on remaining informed so that they may retain control over the instruments they have created.  [1971 ex.s. c 250 § 1.]

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RCW 42.30.030  Meetings declared open and public.  All meetings of the governing body of a public agency shall be open and public and all persons shall be permitted to attend any meeting of the governing body of a public agency, except as otherwise provided in this chapter.  [1971 ex.s. c 250 § 3.]

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WAC 180-52-015 Pupil tests and records — Authority.  Pursuant to authority under provisions of RCW 28A.305.130, the state board of education, hereby prescribes the rules and regulations relating to pupil tests and records hereinafter in WAC 180-52-020, 180-52-025, 180-52-030 and 180-52-035 set forth.

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WAC 180-52-020 Pupil tests and records — Tests — School district policy in writing.  School districts shall develop and adopt written policies relative to testing, kindergarten through grade twelve, which policies shall include an outline of procedures by which parents or legal guardians of a student may become acquainted with the nature of tests and their uses in helping children.

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WAC 180-52-025  Pupil tests and records — Pupil personnel records — School district policy in writing.  School districts shall develop and adopt written policies relating to (a) the type of pupil personnel records which are to be kept and the manner in which data is to be recorded; and (b) procedures by which a parent or legal guardian may upon written request examine school records pertaining to his child with professionally competent personnel present to interpret and assist in the analysis of such records.

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WAC 180-52-030  Pupil tests and records—Certain tests, questionnaires, etc.—Limitations.  No written or oral test, questionnaire, survey, or examination shall be used to elicit the personal beliefs or practices of a student or his parents as to sex or religion except with the written consent of the parent or guardian.

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WAC 180-52-025  Pupil tests and records — Diagnostic personality tests — Parental permission required.  Each school district shall require that there shall be on file the written consent of the parent or guardian prior to the administering of any diagnostic personality test.

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