wa-law.org > bill > 2025-26 > HB 2246 > Original Bill

HB 2246 - Updating policies for elementary and secondary school students with firearm violations.

Source

Section 1

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      1. Any elementary or secondary school student who is determined to have carried a firearm onto, or to have possessed a firearm on, public elementary or secondary school premises, public school-provided transportation, or areas of facilities while being used exclusively by public schools, shall be expelled from school for not less than one year under RCW 28A.600.010.

      2. An elementary or secondary student who acts with malice as defined in RCW 9A.04.110 and displays an instrument that appears to be a firearm on public elementary or secondary school premises, public school-provided transportation, or areas of facilities while being used exclusively by public schools, may be suspended or expelled for up to one year under RCW 28A.600.010.

    2. The suspension or expulsion of a student under (a) of this subsection (1) may be modified on a case-by-case basis by the chief administrator of the applicable elementary or secondary school, including the superintendent of the school district or the school administrator of a charter school, state-tribal education compact school, the state school for the blind, the Washington center for deaf and hard of hearing youth, or an educational service district.

  2. During the suspension or expulsion period:

    1. A school district disciplining a student under subsection (1) of this section must provide the student with an opportunity to receive educational services as required by RCW 28A.600.015; and

    2. Any of the following entities disciplining a student under subsection (1) of this section, is not prevented from providing the student with an opportunity to receive educational services: (i) A charter school, (ii) a state-tribal education compact school, (iii) the state school for the blind, (iv) the Washington center for deaf and hard of hearing youth, or (v) an educational service district, except when acting in its capacity as an institutional education provider under chapter 28A.190 RCW.

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    1. Upon the conclusion of the suspension or expulsion period:

      1. A school district may prohibit or limit the return of a student disciplined by the district under subsection (1) of this section to the school or educational setting from which the student was suspended or expelled;

      2. Any of the following entities may deny readmission to a student disciplined by the entity under subsection (1) of this section: (A) A charter school, (B) a state-tribal education compact school, (C) the state school for the blind, (D) the Washington center for deaf and hard of hearing youth, or (E) an educational service district, except when acting in its capacity as an institutional education provider under chapter 28A.190 RCW; and

      3. Any of the following entities may prohibit or limit the participation or attendance of a student disciplined by the entity under subsection (1) of this section in extracurricular or other activities sponsored by the entity: (A) A school district, (B) a charter school, (C) a state-tribal education compact school, (D) the state school for the blind, (E) the Washington center for deaf and hard of hearing youth, or (F) an educational service district, except when acting in its capacity as an institutional education provider under chapter 28A.190 RCW.

    2. A decision to prohibit or limit the return of a student or to deny a student readmission under (a) of this subsection (3) must be made by the school district board of directors or other applicable governing board, based on a recommendation from the superintendent or other school administrator. The parents or legal guardians of a student disciplined under subsection (1) of this section may request that the board reconsider its decision. The board may grant the request for reconsideration, but any decision regarding the granting of reconsideration, or made following reconsideration, is final.

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    1. For a student disciplined under subsection (1) of this section, the reengagement meeting convened under RCW 28A.600.022 must include a discussion about whether the student will be reenrolled full time at the school or educational setting from which the student was suspended or expelled, or instead provided comparable educational services in another setting. The meeting may also include a discussion about whether to readmit the student in stages to the school or educational setting from which the student was suspended or expelled.

    2. The reengagement plan developed under RCW 28A.600.022 must be reevaluated with the student and the student's parents or legal guardians at least every six months unless or until the student is reenrolled full time at the school or educational setting from which the student was suspended or expelled.

  5. For purposes of this section, the following definitions apply:

    1. "Firearm" means a firearm as defined in 18 U.S.C. Sec. 921, and a "firearm" as defined in RCW 9.41.010;

    2. "Public elementary or secondary school premises, public school-provided transportation, or areas of facilities while being used exclusively by public schools" means any premises, transportation, or facility areas that are owned, operated, or used exclusively by any of the following entities: (i) A school district, (ii) a charter school, (iii) a state-tribal education compact school, (iv) the state school for the blind, (v) the Washington center for deaf and hard of hearing youth, or (vi) an educational service district, except when acting in its capacity as an institutional education provider under chapter 28A.190 RCW.

  6. This section must be interpreted consistently with the individuals with disabilities education act, 20 U.S.C. Sec. 1400 et seq.

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    1. This section governs school operation and management under RCW 28A.710.040 and 28A.715.020 and applies to charter schools established under chapter 28A.710 RCW and state-tribal education compact schools subject to chapter 28A.715 RCW.

    2. In addition to the powers and duties conferred by RCW 72.40.0191 and 72.40.022, this section applies to the state school for the blind and the Washington center for deaf and hard of hearing youth.

    3. In addition to the powers and duties conferred by RCW 28A.310.180, this section applies to educational service districts, except when acting in their capacity as institutional education providers under chapter 28A.190 RCW.

  8. This section does not apply to:

    1. Any student while engaged in military education authorized by school authorities in which rifles are used but not other firearms; or

    2. Any student while involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the rifles of collectors or instructors are handled or displayed but not other firearms; or

    3. Any student while participating in a rifle competition authorized by school authorities.

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