1172-S

AN ACT Relating to parents' rights in education; and adding a new chapter to Title 28A RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. It is the right and responsibility of parents to provide for and ensure the health, education, and general well-being of their children.

This chapter is intended to protect and promote parents' involvement in the education of their children, to affirm parents' interests in overseeing what their children learn and how they are taught in the common schools, and to ensure better understanding, confidence, and cooperation between the parents and the school district.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Exceptional school component" includes all educational or instructional related classes, courses, programs, or materials, including textbooks, teacher manuals, films, video tapes, audio tapes, computer programs, supplementary materials, or any other materials associated with:

(a) Human sexuality education;

(b) Education regarding sexually transmitted diseases, including HIV or AIDS education;

(d) Suicide education;

(e) Death education;

(f) Education regarding alcoholic stimulants or controlled substances;

(g) An experimental, special, or pilot class, course, or program designed to explore or develop new or unproven teaching methods or techniques or of limited application to a selected group of students;

(h) Psychotherapeutic techniques, group therapy, or sensitivity training processes where the student's intimate and personal feelings, emotions, values, habits, or beliefs are openly exposed to the group or where emotions, feelings, or attitudes are directed by one or more members of the group toward another member of the group, or where roles are assigned to students for the purpose of classifying, controlling, or predicting behavior; or

(i) Testing or inquiry pertaining to a student's attitudes, habits, or values, the student's parent's attitudes, habits, or values, or other personal information pertaining to the student and the student's family, including personality or psychological inventories, diagnostic tests, or value appraisals.

(2) "Parent" means a biological, adoptive, or foster parent, or legal guardian.

(3) "Consent" shall mean direct communication in a manner specified which unambiguously indicates approval. However, two or more attempts during a two-week period to contact a parent by certified mail or direct face-to-face contact shall constitute consent unless superseded by an unambiguous revocation of this implied consent.

NEW SECTION. Sec. 3. All exceptional school components shall be available for review by the parent of a student.

A student may not be placed in or provided any exceptional school component without the prior written consent of a parent.

Before a school district enrolls a student in or makes available to a student any exceptional school component, the district shall notify the parent of the student what constitutes an exceptional school component and that all exceptional school components of the district are available for public inspection by the parent. A school district shall provide the parent of any student or students enrolled in the district with a copy of this chapter at the time the student or students are enrolled. Providing a copy of this chapter to a parent by the school district constitutes adequate notice to the parent under this section.

Upon request by the parent, the board of directors of a school district shall make available for inspection by the parent any exceptional school component of the district.

Upon prior written consent by the parent the district may enroll the student in or make available to the student the specific exceptional school component approved by the parent.

Parental consent is not to be construed as continuing beyond the scope of the specific exceptional school component approved by the parent, unless the parent gives written permission to expand the scope of the specific exceptional school component.

Employees of a school district shall not direct, instruct, or encourage a student to withhold from their parent information concerning school or classroom materials, activities, tests, discussions, or programs, including any exceptional school component.

The results of any test or inquiry related to any exceptional school component and any notes, records, or written or taped memoranda regarding the test or inquiry shall be made available to the parents upon request.

Any record kept on a student shall be provided to the parent of the student upon request for the parent's observation, and copies thereof provided at cost to the parent.

Guidance counseling regarding a student's social, emotional, mental, or personal problems may be provided to a student without the prior written consent of a parent but a guidance counselor may not provide the student any exceptional school component without the prior written consent of the parent.

NEW SECTION. Sec. 4. Allegations by a parent of a violation of this chapter shall be presented in writing along with any supporting documentation to the involved staff member. If the matter is not resolved, the allegation and supporting documentation shall be presented to the school principal and to the school district superintendent for corrective action.

NEW SECTION. Sec. 5. The provisions of this chapter are to be liberally construed to effectuate the policies and purposes of this chapter. In the event of conflict between this chapter and any other provision of law, the provisions of this chapter shall govern.

NEW SECTION. Sec. 6. Sections 1 through 5 of this act shall constitute a new chapter in Title 28A RCW.

NEW SECTION. Sec. 7. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.