Washington House Democrats

House passes legislation to help prevent school violence

New measure would toughen penalties for possession of a weapon on school grounds

March 7, 2007

OLYMPIA – This past January, seventeen-year-old, Samnang Kok, died after being shot on his way to class at Foss Senior High School. Such random acts of violence are not isolated and are becoming a growing problem for school districts across the country.

According to a 2006 study by the U.S. Departments of Education and Justice, the number of school homicides has been on the rise since 2000. On Wednesday, state lawmakers passed legislation off the House floor to help stop this growing trend.

“Tragedies like the one we saw at Foss High School earlier this year must be avoided at all costs,” said Rep. Patricia Lantz (D-Gig Harbor) who sponsored the school safety measure. “Not only do we need to keep weapons out of our schools we need to make sure our administrators have the ability to assess what kind of risk an offending child might pose and take action to help that child to further protect their students.”

Currently it is a gross misdemeanor to possess a dangerous weapon on school property. Lantz’s legislation would expand and clarify the list of weapons prohibited on school grounds and raise the criminal penalty for possession of a firearm on school property from a gross misdemeanor to a class C felony.

Additionally a category is created for weapons whose possession is criminalized only if the person possessing the weapon actually uses, attempts to use or threatens to use the weapon to cause harm. Included in this category are a broad range of objects, including certain knives, clubs, and items such as sharpened screwdrivers

The measure also creates a framework to assist school districts in creating multi-disciplinary threat assessment committees. The teams which would be comprised of school staff, trained mental health professionals, and representatives from local law enforcement agencies would advise school officials on the appropriate level of response.

“This legislation helps create consistent and reasonable policies for school districts,” Lantz said. “A one-size-fits all, no-exceptions approach is not the answer, but we need to make sure we are letting people know the seriousness of these crimes. Communities, law enforcement and school officials need to partner in these efforts.”

In the 2005-06 school year, Washington public schools reported 3,387 violations of dangerous weapons policies at school facilities.

The bipartisan measure passed out of the House by a 91-6 vote and awaits further action in the Senate.

Also passing the House was legislation to change the state statutory definition of "disability" for purposes of the state's law against discrimination.

Currently the state Law Against Discrimination provides that a person has the right to be free from discrimination based on a number of factors including "sensory, mental, or physical disability." The right to be free from discrimination based on such a disability applies to employment, public accommodations, real estate transactions, insurance, and commerce.

The recent McClarty decision (2006) by the state Supreme Court resulted in changes in how the courts interpret the definition of a disability.

“The change to Americans with Disabilities Act (ADA) definition will result in disastrous consequences for persons with disabilities,” said Rep. Lantz, a co-sponsor of the legislation. “What courts allow under the ADA standard will deprive many people of services and accommodations they should have and are now receiving.”

Under the new definition, persons within the disabled community predict that disabilities like breast cancer, diabetes, multiple sclerosis, and asthma may not be protected from discrimination.

House bill 1322 restores the "substantially limiting" standard in reasonable accommodation cases heard by the state.

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Contact: Rep. Patricia Lantz (360) 786-7964

Staff Contact: Derek Baker (360) 786-7697

Link to House Bill 2268:

http://apps.leg.wa.gov/billinfo/summary.aspx?year=2007&bill=2268

Link to House Bill 1322:

http://apps.leg.wa.gov/billinfo/summary.aspx?year=2007&bill=1322

Link to Rep. Patricia Lantz website:

http://www.housedemocrats.wa.gov/members/lantz/

Radio and TV news directors: For broadcast-quality audio on this issue, or to arrange TV or radio interviews, contact Dan Frizzell, House Democratic Caucus broadcast coordinator, at frizzell.dan@leg.wa.gov or (360) 786-7208