Schools/sexual assault

AN ACT Relating to supporting survivors of sexual assault in 1
public elementary and secondary schools; amending RCW 28A.400.317; 2
adding a new section to chapter 28A.300 RCW; adding a new section to 3
chapter 28A.640 RCW; creating a new section; providing an effective 4
date; and providing an expiration date. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
NEW SECTION. Sec. 1. (1) The legislative youth advisory council 7
established under RCW 43.15.095 shall lead a collaborative discussion 8
about the requirements for mandatory reporting of child abuse or 9
neglect under RCW 26.44.030. The purpose of this discussion is to 10
solicit student feedback and to have students collaborate with 11
relevant agencies and organizations on this topic. The discussion 12
must include:13
(a) A review of certificated and classified school employee 14
training regarding their reporting obligations required under RCW 15
28A.400.317; 16
(b) A review of the Washington state school directors' 17
associations' model policies and procedures related to this topic;18
(c) A review of mandatory reporting-related components of the 19
office of the superintendent of public instruction's 2023 report 20
entitled supporting survivors of sexual assault in K-12 schools, 21
S-0681.1
SENATE BILL 5386
State of Washington 69th Legislature 2025 Regular Session
By Senators Orwall, Dhingra, Frame, Hasegawa, Krishnadasan, Nobles,
Saldaña, Trudeau, Valdez, and C. Wilson
Read first time 01/21/25. Referred to Committee on Early Learning &
K-12 Education.
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including the summary of the student listening sessions and the 1
contractor's report and recommendations; and 2
(d) A review of existing systems that school districts are using 3
for students to report concerns. 4
(2) The legislative youth advisory council must conduct this 5
discussion in no more than three meetings, and the meetings must 6
include representatives from at least the following agencies and 7
organizations: 8
(a) Office of the superintendent of public instruction;9
(b) Department of children, youth, and families;10
(c) Washington association of sheriffs and police chiefs;11
(d) Department of health; 12
(e) Department of social and health services; 13
(f) Washington state patrol; 14
(g) Attorney general's office; and 15
(h) Local community experts in sexual assault and misconduct and 16
child abuse prevention and response. 17
(3) By December 1, 2025, the legislative youth advisory council 18
shall report to the office of the superintendent of public 19
instruction, the Washington state school directors' association, and 20
the appropriate committees of the legislature in compliance with RCW 21
43.01.036 with any recommendations it has for amending these laws to 22
follow trauma-informed and survivor-centered best practices and any 23
recommendations related to the training materials described in 24
section 2 of this act and the contents of the student and family 25
guide described in section 4 of this act. 26
(4) The office of the lieutenant governor shall provide 27
administration, supervision, and facilitation support to help the 28
council meet the requirements of this section. 29
(5) This section expires August 1, 2027. 30
NEW SECTION. Sec. 2. A new section is added to chapter 28A.300 31
RCW to read as follows: 32
(1) To help meet the requirements of RCW 28A.400.317(2)(b), the 33
office of the superintendent of public instruction, by November 1, 34
2026, shall post on its website, and periodically update, staff 35
training materials on trauma-informed, survivor-centered responses to 36
disclosures of sexual abuse, misconduct, and assault, including best 37
practices for working with local community experts in sexual assault 38
and misconduct and child abuse prevention and response.39
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(2) The staff training materials described in this section must 1
consider any recommendations developed by the legislative youth 2
advisory council under section 1 of this act. 3
Sec. 3. RCW 28A.400.317 and 2013 c 10 s 4 are each amended to 4
read as follows: 5
(1) A certificated or classified school employee who has 6
knowledge or reasonable cause to believe that a student has been a 7
victim of physical or sexual abuse ((or)), sexual misconduct , or 8
assault by another school employee, shall report such abuse ((or)), 9
misconduct, or assault to the appropriate school administrator. The 10
school administrator shall cause a report to be made to the proper 11
law enforcement agency if he or she has reasonable cause to believe 12
that the misconduct ((or)), abuse, or assault has occurred as 13
required under RCW 26.44.030. During the process of making a 14
reasonable cause determination, the school administrator shall 15
contact all parties involved in the complaint. 16
(2)(a) Certificated and classified school employees shall receive 17
training regarding their reporting obligations under state law in 18
their orientation training when hired and then every three years 19
thereafter. 20
(b) The training required under this subsection must promote 21
trauma-informed and survivor-centered responses to sexual abuse, 22
misconduct, and assault, and must include bystander intervention 23
training of employee sexual abuse of students.24
(c) The training required under this subsection may be 25
incorporated within existing training programs and related resources 26
and may use the staff training materials described in section 2 of 27
this act. 28
(3) Nothing in this section changes any of the duties established 29
under RCW 26.44.030. 30
NEW SECTION. Sec. 4. A new section is added to chapter 28A.640 31
RCW to read as follows: 32
(1) By November 1, 2026, the office of the superintendent of 33
public instruction, in collaboration with the Washington state school 34
directors' association and local community experts in sexual assault 35
and misconduct and child abuse prevention and response, shall 36
develop, and periodically update, a student and family guide to the 37
school district sexual harassment policy required by RCW 38
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28A.640.020(2) and other laws, policies, and procedures related to 1
sexual abuse, misconduct, and assault, and mandatory reporting of 2
child abuse or neglect under RCW 26.44.030. 3
(2) The student and family guide must: 4
(a) Consider any recommendations developed by the legislative 5
youth advisory council under section 1 of this act;6
(b) Be culturally informed; and 7
(c) Be translated into the most common non-English languages 8
spoken across the state in accordance with the model language access 9
policy and procedures as required under chapter 28A.183 RCW.10
(3) School districts are encouraged to make the student and 11
family guide available to students and families, especially those 12
participating in the sexual harassment complaint process.13
NEW SECTION. Sec. 5. Section 3 of this act takes effect August 14
1, 2027.15
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