CERTIFICATION OF ENROLLMENT
SUBSTITUTE HOUSE BILL 1207
Chapter 242, Laws of 2023
68th Legislature
2023 Regular Session
SCHOOL DISTRICTS—HARASSMENT, INTIMIDATION, BULLYING, AND
DISCRIMINATION
EFFECTIVE DATE: July 23, 2023
Passed by the House April 13, 2023 CERTIFICATE
Yeas 64 Nays 32
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
LAURIE JINKINS State of Washington, do hereby
Speaker of the House of certify that the attached is
Representatives SUBSTITUTE HOUSE BILL 1207 as
passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Passed by the Senate April 5, 2023
Yeas 28 Nays 20
BERNARD DEAN
DENNY HECK Chief Clerk
President of the Senate
Approved May 4, 2023 10:11 AM FILED
May 4, 2023
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 SUBSTITUTE HOUSE BILL 1207
AS AMENDED BY THE SENATE
Passed Legislature - 2023 Regular Session
State of Washington 68th Legislature 2023 Regular Session
By House Education (originally sponsored by Representatives Senn,
Rude, Fey, Reed, Bergquist, Ramel, Doglio, Callan, Thai, and Pollet)
READ FIRST TIME 01/30/23.
1 AN ACT Relating to preventing and responding to harassment,
2 intimidation, bullying, and discrimination in schools by requiring
3 distribution of related policies and complaint procedures,
4 designation of a primary contact for compliance with
5 nondiscrimination laws, and changing a prejudicial student discipline
6 term; amending RCW 28A.640.020, 28A.600.477, 28A.642.080,
7 28A.600.510, 28A.300.042, and 28A.600.015; adding a new section to
8 chapter 28A.300 RCW; adding a new section to chapter 28A.642 RCW; and
9 adding a new section to chapter 28A.600 RCW.
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
11 NEW SECTION. Sec. 1. A new section is added to chapter 28A.300
12 RCW to read as follows:
13 (1) The office of the superintendent of public instruction shall
14 develop, and periodically update, model student handbook language
15 that includes information about policies and complaint procedures
16 related to discrimination, including sexual harassment and addressing
17 transgender students, and information about policies and complaint
18 procedures related to harassment, intimidation, and bullying, as well
19 as the overlap between the policies and complaint procedures. The
20 model student handbook language must also include a description of
21 the services available through the office of the education ombuds and
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 1 the contact information for the office of the education ombuds. The
2 model student handbook language must be aligned with existing
3 requirements in state law including chapters 28A.640 and 28A.642 RCW
4 and RCW 28A.600.477 and 28A.600.510. The model student handbook
5 language must be jointly developed with the Washington state school
6 directors' association, and in consultation with the office of the
7 education ombuds. The model student handbook language must be posted
8 publicly on the office of the superintendent of public instruction's
9 website beginning July 1, 2024.
10 (2) Beginning with the 2024-25 school year, each school district
11 must include the model student handbook language developed under
12 subsection (1) of this section in any student, parent, employee, and
13 volunteer handbook that it or one of its schools publishes and on the
14 school district's website, and any school's website, if a school or
15 the school district maintains a website. If a school district neither
16 publishes a handbook nor maintains a website, it must provide the
17 model student handbook language developed under subsection (1) of
18 this section to each student, parent, employee, and volunteer at
19 least annually.
20 NEW SECTION. Sec. 2. A new section is added to chapter 28A.642
21 RCW to read as follows:
22 (1) Each school district shall designate one person in the school
23 district as the primary contact regarding school district compliance
24 with this chapter. In addition to any other duties required by law
25 and the school district, the primary contact must:
26 (a) Ensure that complaints of discrimination communicated to the
27 school district are promptly investigated and resolved; and
28 (b) Communicate with the primary contact regarding the school
29 district's policy and procedure prohibiting harassment, intimidation,
30 and bullying under RCW 28A.600.477, and the primary contact regarding
31 the school district's policies and procedures related to transgender
32 students under RCW 28A.642.080.
33 (2) The primary contact may also serve as the primary contact
34 regarding the school district's policy and procedure prohibiting
35 harassment, intimidation, and bullying under RCW 28A.600.477 and the
36 primary contact regarding the school district's policy and procedure
37 related to transgender students under RCW 28A.642.080.
p. 2 SHB 1207.SL
 1 Sec. 3. RCW 28A.640.020 and 1994 c 213 s 1 are each amended to
2 read as follows:
3 (1) The superintendent of public instruction shall develop
4 regulations and guidelines to eliminate sex discrimination as it
5 applies to public school employment, counseling and guidance services
6 to students, recreational and athletic activities for students,
7 access to course offerings, and in textbooks and instructional
8 materials used by students.
9 (a) Specifically with respect to public school employment, all
10 schools shall be required to:
11 (i) Maintain credential requirements for all personnel without
12 regard to sex;
13 (ii) Make no differentiation in pay scale on the basis of sex;
14 (iii) Assign school duties without regard to sex except where
15 such assignment would involve duty in areas or situations, such as
16 but not limited to a shower room, where persons might be disrobed;
17 (iv) Provide the same opportunities for advancement to males and
18 females; and
19 (v) Make no difference in conditions of employment including, but
20 not limited to, hiring practices, leaves of absence, hours of
21 employment, and assignment of, or pay for, instructional and
22 noninstructional duties, on the basis of sex.
23 (b) Specifically with respect to counseling and guidance services
24 for students, they shall be made available to all students equally.
25 All certificated personnel shall be required to stress access to all
26 career and vocational opportunities to students without regard to
27 sex.
28 (c) Specifically with respect to recreational and athletic
29 activities, they shall be offered to all students without regard to
30 sex. Schools may provide separate teams for each sex. Schools which
31 provide the following shall do so with no disparities based on sex:
32 Equipment and supplies; medical care; services and insurance;
33 transportation and per diem allowances; opportunities to receive
34 coaching and instruction; laundry services; assignment of game
35 officials; opportunities for competition, publicity and awards;
36 scheduling of games and practice times including use of courts, gyms,
37 and pools: PROVIDED, That such scheduling of games and practice times
38 shall be determined by local administrative authorities after
39 consideration of the public and student interest in attending and
40 participating in various recreational and athletic activities. Each
p. 3 SHB 1207.SL
 1 school which provides showers, toilets, or training room facilities
2 for athletic purposes shall provide comparable facilities for both
3 sexes. Such facilities may be provided either as separate facilities
4 or shall be scheduled and used separately by each sex.
5 The superintendent of public instruction shall also be required
6 to develop a student survey to distribute every three years to each
7 local school district in the state to determine student interest for
8 male/female participation in specific sports.
9 (d) Specifically with respect to course offerings, all classes
10 shall be required to be available to all students without regard to
11 sex: PROVIDED, That separation is permitted within any class during
12 sessions on sex education or gym classes.
13 (e) Specifically with respect to textbooks and instructional
14 materials, which shall also include, but not be limited to, reference
15 books and audiovisual materials, they shall be required to adhere to
16 the guidelines developed by the superintendent of public instruction
17 to implement the intent of this chapter: PROVIDED, That this
18 subsection shall not be construed to prohibit the introduction of
19 material deemed appropriate by the instructor for educational
20 purposes.
21 (2)(a) By December 31, 1994, the superintendent of public
22 instruction shall develop criteria for use by school districts in
23 developing sexual harassment policies as required under (b) of this
24 subsection. The criteria shall address the subjects of grievance
25 procedures, remedies to victims of sexual harassment, disciplinary
26 actions against violators of the policy, and other subjects at the
27 discretion of the superintendent of public instruction. Disciplinary
28 actions must conform with collective bargaining agreements and state
29 and federal laws. The superintendent of public instruction also shall
30 supply sample policies to school districts upon request.
31 (b) By June 30, 1995, every school district shall adopt and
32 implement a written policy concerning sexual harassment. The policy
33 shall apply to all school district employees, volunteers, parents,
34 and students, including, but not limited to, conduct between
35 students.
36 (c) School district policies on sexual harassment shall be
37 reviewed by the superintendent of public instruction considering the
38 criteria established under (a) of this subsection as part of the
39 monitoring process established in RCW 28A.640.030.
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 1 (d) The school district's sexual harassment policy shall be
2 conspicuously posted throughout each school building, and provided to
3 each employee. A copy of the policy shall appear in any publication
4 of the school or school district setting forth the rules,
5 regulations, procedures, and standards of conduct for the school or
6 school district. This requirement as it relates to students, parents,
7 and guardians may be satisfied by using the model student handbook
8 language in section 1 of this act.
9 (e) Each school shall develop a process for discussing the
10 district's sexual harassment policy. The process shall ensure the
11 discussion addresses the definition of sexual harassment and issues
12 covered in the sexual harassment policy.
13 (f) "Sexual harassment" as used in this section means unwelcome
14 sexual advances, requests for sexual favors, sexually motivated
15 physical contact, or other verbal or physical conduct or
16 communication of a sexual nature if:
17 (i) Submission to that conduct or communication is made a term or
18 condition, either explicitly or implicitly, of obtaining an education
19 or employment;
20 (ii) Submission to or rejection of that conduct or communication
21 by an individual is used as a factor in decisions affecting that
22 individual's education or employment; or
23 (iii) That conduct or communication has the purpose or effect of
24 substantially interfering with an individual's educational or work
25 performance, or of creating an intimidating, hostile, or offensive
26 educational or work environment.
27 Sec. 4. RCW 28A.600.477 and 2019 c 194 s 1 are each amended to
28 read as follows:
29 (1)(a) By January 31, 2020, each school district must adopt or
30 amend if necessary a policy and procedure prohibiting harassment,
31 intimidation, and bullying of any student and that, at a minimum,
32 incorporates the model policy and procedure described in subsection
33 (3) of this section.
34 (b) School districts must share the policy and procedure
35 prohibiting harassment, intimidation, and bullying with parents or
36 guardians, students, volunteers, and school employees in accordance
37 with the rules adopted by the office of the superintendent of public
38 instruction. This requirement as it relates to students, parents, and
p. 5 SHB 1207.SL
 1 guardians may be satisfied by using the model student handbook
2 language in section 1 of this act.
3 (c)(i) Each school district must designate one person in the
4 school district as the primary contact regarding the policy and
5 procedure prohibiting harassment, intimidation, and bullying. In
6 addition to other duties required by law and the school district, the
7 primary contact must:
8 (A) Ensure the implementation of the policy and procedure
9 prohibiting harassment, intimidation, and bullying;
10 (B) Receive copies of all formal and informal complaints relating
11 to harassment, intimidation, or bullying;
12 (C) Communicate with the school district employees responsible
13 for monitoring school district compliance with chapter 28A.642 RCW
14 prohibiting discrimination in public schools, and the primary contact
15 regarding the school district's policies and procedures related to
16 transgender students under RCW 28A.642.080; and
17 (D) Serve as the primary contact between the school district, the
18 office of the education ombuds, and the office of the superintendent
19 of public instruction on the policy and procedure prohibiting
20 harassment, intimidation, and bullying.
21 (ii) The primary contact from each school district must attend at
22 least one training class as provided in subsection (4) of this
23 section, once this training is available.
24 (iii) The primary contact may also serve as the primary contact
25 regarding the school district's policies and procedures relating to
26 transgender students under RCW 28A.642.080 and the primary contact
27 regarding school district compliance with nondiscrimination laws
28 under section 1 of this act.
29 (2) School districts are encouraged to adopt and update the
30 policy and procedure prohibiting harassment, intimidation, and
31 bullying through a process that includes representation of parents or
32 guardians, school employees, volunteers, students, administrators,
33 and community representatives.
34 (3)(a) By September 1, 2019, and periodically thereafter, the
35 Washington state school directors' association must collaborate with
36 the office of the superintendent of public instruction to develop and
37 update a model policy and procedure prohibiting harassment,
38 intimidation, and bullying.
39 (b) Each school district must provide to the office of the
40 superintendent of public instruction a brief summary of its policies,
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 1 procedures, programs, partnerships, vendors, and instructional and
2 training materials prohibiting harassment, intimidation, and bullying
3 to be posted on the office of the superintendent of public
4 instruction's school safety center website, and must also provide the
5 office of the superintendent of public instruction with a link to the
6 school district's website for further information. The school
7 district's primary contact for harassment, intimidation, and bullying
8 issues must annually by August 15th verify posted information and
9 links and notify the school safety center of any updates or changes.
10 (c) The office of the superintendent of public instruction must
11 publish on its website, with a link to the school safety center
12 website, the revised and updated model policy and procedure
13 prohibiting harassment, intimidation, and bullying, along with
14 training and instructional materials on the components that must be
15 included in any school district policy and procedure prohibiting
16 harassment, intimidation, and bullying. By September 1, 2019, the
17 office of the superintendent of public instruction must adopt rules
18 regarding school districts' communication of the policy and procedure
19 prohibiting harassment, intimidation, and bullying to parents,
20 students, employees, and volunteers.
21 (4) By December 31, 2020, the office of the superintendent of
22 public instruction must develop a statewide training class for those
23 people in each school district who act as the primary contact
24 regarding the policy and procedure prohibiting harassment,
25 intimidation, and bullying as provided in subsection (1) of this