Washington parents should be confident that their children are safe during school hours and while taking part in extracurricular activities. However, as the recent Seattle Times series "Coaches Who Prey" so chillingly demonstrates, this is not always the case.
Although the vast majority of coaches are trustworthy, the Times stories illuminate the stunning kinds of abuse that do take place. They also show just how badly we need additional safeguards to help ensure all children are protected during those hours we entrust them to the school system.
Currently, districts must conduct fingerprint background checks when hiring any employees who have unsupervised access to students. However, they are only permitted, not required, to check for a history of sexual misconduct in other districts where the applicant worked. As brought out by The Seattle Times, it seems that this important procedure all too often falls between the cracks as schools scramble to hire qualified teachers and coaches. And districts may be reluctant to reveal sexual misconduct of the applicant for fear of being sued.
The Office of the Superintendent of Public Instruction (OSPI) has made great strides in strengthening its process for investigating alleged cases of sexual abuse or harassment. Wouldn't it be better, though, to prevent such investigations from ever having to take place by closely scrutinizing candidates before hiring them?
It seems to be a no-brainer: Those who want to work with students must have a clean record. Yet in case after case, families have placed their trust in coaches or teachers, only to have these supposed mentors take advantage of their position of authority.
I believe this is wrong - and preventable. During the 2003 legislative session I introduced Senate Bill 5533, which would accomplish several things.
First, it would require school districts to provide information about any sexual misconduct when a coach or teacher applies to another district within the state. Districts would be protected from liability for providing this information. It also would prohibit districts from entering into employment or severance agreements that call for sealing records of sexual misconduct.
The bill was reported out of the Senate Education Committee unanimously but just missed getting a vote on the Senate floor. I intend to continue working for this critical piece of protection when the Legislature resumes in January.
In addition, I am introducing a bill that would require state teacher and principal preparation programs to include course work pertaining to legally protected personal liberties, rights and responsibilities applicable to students and school personnel under state and federal education law.
I have always covered these issues and relevant laws in my 18 years of teaching gender equity and education courses at the University of Washington. Future teachers and administrators can benefit immeasurably from having this information at their fingertips before entering the classroom.
I also am drafting legislation that could help by:
* Establishing a licensing procedure for coaches in private practice;
* Giving the Washington Interscholastic Activities Association the authority to create a clearinghouse and Web site that includes information on coaches;
* Requiring OSPI to create a new database that would have the names of all school employees who have been disciplined and the reasons for the disciplinary action;
* Requiring OSPI to conduct regular compliance monitoring of districts as it has done in the past.
These new measures can help, but we must also acknowledge existing laws that already provide some protections. For example, in 1994 a bill of mine was enacted that required districts to establish OSPI-approved sexual-harassment policies and procedures. Yet some districts still have not fully implemented this law, leaving our children at risk and our school personnel hamstrung.
I have served as an expert witness in several civil lawsuits against school districts that have failed to comply with federal and state laws and to protect children from sexual harassment or abuse; in fact, I testified in two of the cases profiled in the Times series. While I'd rather not be a witness in cases brought against school districts, unfortunately, it's the same story over and over: staff and parents simply hadn't known that they were dealing with a predator.
Further, students, staff and parents in the districts being sued have been generally unaware of any district sexual-harassment policy, of how to report a complaint, even of how to proceed if they perceive something suspicious is happening. Such noncompliance on the part of districts can end up costing them - and taxpayers - a lot of money. And the costs to the well-being of abused students can last a lifetime.
As we approach another legislative session, we have a chance to be proactive in protecting our students from teachers and coaches who prey. The legislation I will advocate would demystify the investigative process and present many of the tools we need to address this problem.
Our children deserve nothing less.
Sen. Jeanne Kohl-Welles lives on Queen Anne Hill. She has represented the 36th Legislative District in the Legislature since 1992. She is a former public school teacher and worked for years with the U.S. Department of Education in assisting school districts in complying with federal nondiscrimination in education laws.[[In-content Ad]]
