WPIC 50.62 School—Definition

Use this instruction as applicable with WPIC 50.61 (Enhanced Sentence—Controlled Substance Violations Under RCW 69.50.435—No Statutory Defense—Special Verdict) or WPIC 50.61.01 (Enhanced Sentence—Controlled Substance Violations Under RCW 69.50.435—Statutory Defense—Special Verdict).

RCW 69.50.435(6)(a). The statute states:

The first paragraph of this instruction is based on RCW 28A.150.010 which defines “public schools.” The second paragraph is based on RCW 28A.150.020 which defines “common schools.” The third paragraph is based on RCW 28A.195.010 and WAC Chapter 180-90. While RCW 28A.195.010 requires private schools to certify to the superintendent of public instruction that specified minimum requirements have been met, only the Washington State Board of Education can “approve” a private or parochial school. RCW 28A.195.040; WAC 180-90-105; WAC 180-90-112. The Washington State Board of Education's web site includes an annual list of approved private schools. See, e.g., https://www.sbe.wa.gov/our-work/private-schools (last visited Oct. 4, 2019).

A half-day GED program met the statutory definition of “common school.” A “school includes all publicly funded instruction below twelfth grade,” or “those schools and institutions of learning having a curriculum below the college or university level … established by law and supported at public expense.” State v. Vasquez, 80 Wn.App. 5, 9–10, 906 P.2d 351 (1995). However, when a GED program is not listed as a “school” by the Office of the Superintendent of Public Instruction or designated as such by any name or sign or by the usual indicia of a school (playgrounds, flags, etc.), application of the statute providing for enhancement of punishment for conduct within a certain distance of “school grounds” may be a violation of the due process requirement that a statute provide “fair warning of proscribed conduct.” State v. Becker, 132 Wn.2d 54, 61–63, 935 P.2d 1321 (1997).