AN ACT Relating to protecting the childhood of children; adding a new section to chapter 28A.320 RCW; adding a new chapter to Title 26 RCW; creating a new section; and prescribing penalties.

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

(2) For purposes of this chapter, the term "parent" means a person who has legal custody of a minor child as a natural or adoptive parent or a legal guardian.

(a) The minor child's right to have his or her parent direct the education and care of his or her minor child;

(b) The minor child's right to have his or her parent direct the upbringing and the moral or religious training of the minor child;

(c) The minor child's right to have his or her parent enroll his or her child in a public school or, as an alternative to public education, a private school, religious school, a home education program, or other available options;

(d) The minor child's right to have his or her parent access and review all school records relating to the minor child, pursuant to RCW 28A.605.030;

(e) The minor child's right to have his or her parent make health care decisions for his or her minor child, unless otherwise prohibited by law;

(f) The minor child's right to have his or her parent access and review all medical records of the minor child, unless prohibited by law or if the parent is the subject of an investigation of a crime committed against the minor child and a law enforcement agency or official requests that the information not be released;

(g) The minor child's right to have his or her parent consent in writing before a biometric scan of the minor child is made, shared, or stored;

(h) The minor child's right to have his or her parent consent in writing before any record of his or her minor child's blood or deoxyribonucleic acid (DNA) is created, stored, or shared, except as required by law or authorized pursuant to a court order;

(i) The minor child's right to have his or her parent consent in writing before the state or any of its political subdivisions makes a video or voice recording of his or her minor child unless such recording is made during or as part of a court proceeding, is made by law enforcement or during a law enforcement investigation, is made as part of a forensic interview in a criminal or department of children, youth, and families investigation, or to be used solely for the following purposes:

(i) A safety demonstration, including the maintenance of order and discipline in the common areas of a school or on student transportation vehicles;

(ii) A purpose related to a legitimate academic or extracurricular activity;

(iii) A purpose related to regular classroom instructions;

(iv) Security or surveillance of buildings or grounds; or

(v) A photo identification card;

(j) The minor child's right to have his or her parent notified promptly if an employee of the state, any of its political subdivisions, any other governmental entity, or any other institution suspects that a criminal offense has been committed against his or her minor child, unless the incident has first been reported to law enforcement or the department of children, youth, and families and notifying the parent would impede the investigation.

(2) This section does not:

(a) Authorize a parent of a minor child in this state to engage in conduct that is unlawful or to abuse or neglect his or her minor child in violation of law or the child's right to be protected by their parent;

(b) Condone, authorize, approve, or apply to a parental action or decision that would end life;

(c) Prohibit a court of competent jurisdiction, law enforcement officer, or employees of a government agency that is responsible for child welfare from acting in his or her official capacity within the reasonable and prudent scope of his or her authority; or

(d) Prohibit a court of competent jurisdiction from issuing an order that is otherwise permitted by law.

(3) An employee of the state, any of its political subdivisions, or any other governmental entity who encourages or coerces, or attempts to encourage or coerce, a minor child to withhold information from his or her parent may be subject to disciplinary action. This subsection does not apply to law enforcement personnel and the department of children, youth, and families personnel acting within their official capacities.

(4) A parent of a minor child in this state has inalienable rights that are more comprehensive than those listed in this section, unless such rights have been legally waived or terminated. This chapter does not prescribe all rights to a parent of a minor child in this state. Unless required by law, the rights of a parent of a minor child in this state may not be limited or denied. This chapter may not be construed to apply to a parental action or decision that would end life.

(a) A plan for parental participation in schools to improve parent and teacher cooperation in such areas as homework, school attendance, and discipline;

(b) A procedure for a parent to learn about his or her child's course of study, including the source of any supplemental education materials;

(c) Procedures for a parent to object to classroom materials and activities and a process for withdrawing his or her student from the activity, class, or program in which such materials or activities are used. Such objections may be based on beliefs regarding morality, sex, and religion or the belief that such materials or activities are harmful;

(d) Procedures, pursuant to RCW 28A.300.475, for a parent to withdraw his or her student from any portion of the school district's comprehensive health education that relates to sex education or instruction in acquired immunodeficiency syndrome education or any instruction regarding sexuality if the parent provides a written objection to his or her child's participation. Such procedures must provide for a parent to be notified in advance of such course content so that he or she may withdraw his or her student from those portions of the course;

(e) Procedures for a parent to learn about the nature and purpose of clubs and activities offered at his or her child's school, including those that are extracurricular or part of the school curriculum;

(f) Procedures for a parent to learn about rights and responsibilities under law, including all of the following:

(i) Pursuant to RCW 28A.300.475, the right to opt his or her minor child out of any portion of the school district's comprehensive health education that relates to sex education instruction in acquired immunodeficiency syndrome education or any instruction regarding sexuality;

(ii) A plan to disseminate information about school choice options, including open enrollment;

(iii) In accordance with RCW 28A.210.090, the right of a minor child to have his or her parent exempt the student from immunizations;

(iv) The right of a minor child to have his or her parent review statewide, standardized assessment results;

(v) The right of a minor child to have his or her parent enroll the student in gifted or special education programs;

(vi) The right of a minor child to have his or her parent inspect school district instructional materials;

(vii) The right of a minor child to have his or her parent access information relating to the school district's policies for promotion or retention, including high school graduation requirements;

(viii) The right of a minor child to have his or her parent receive a school report card and be informed of his or her child's attendance requirements;

(ix) The right of a minor child to have his or her parent access information relating to the state public education system, state standards, report card requirements, attendance requirements, and instructional materials requirements;

(x) The right of a minor child to have his or her parent participate in parent teacher associations and organizations that are sanctioned by a district school board or the department of education;

(xi) The right of a minor child to have his or her parent opt out of any district-level data collection relating to his or her minor child not required by law.

(2) A school district board of directors may provide the information required in this section electronically or post such information on its website.

(3) A parent may request, in writing, from the superintendent of the school district the information required under this section. Within 10 days, the superintendent of the school district must provide such information to the parent. If the superintendent of the school district denies a parent's request for information or does not respond to the parent's request within 10 days, the parent may appeal the denial to the school district board of directors. The board must place a parent's appeal on the agenda for its next public meeting. If it is too late for a parent's appeal to appear on the next agenda, the appeal must be included on the agenda for the subsequent meeting.

(b) Except as otherwise provided by law, a person or an individual employed by such person may not provide or solicit or arrange to provide health care services or prescribe medicinal drugs to a minor child, in violation of the minor child's right to have his or her parent make health care decisions for his or her minor child, without first obtaining written parental consent.

(2) Except as otherwise provided by law or a court order, a health care provider may not allow a medical procedure to be performed on a minor child in its facility, in violation of the minor child's right to have his or her parent make health care decisions for his or her minor child, without first obtaining written parental consent.

(3) This section does not apply to an abortion, which is governed under chapter 9.02 RCW.

(4) A health care provider or other person who violates this section is subject to disciplinary action pursuant to chapter 18.130 RCW including imposition of civil penalties, and commits a gross misdemeanor.

NEW SECTION.  Sec. 7. A new section is added to chapter 28A.320 RCW to read as follows:

(1) School districts must adopt a policy and procedure for notifying a student's parent if there is a change in the student's services or monitoring related to the student's mental, emotional, or physical health or well-being and the school's ability to provide a safe and supportive learning environment for the student. The policy and procedure must reinforce the fundamental right of a minor child to have his or her parents make decisions regarding the upbringing and control of their children by requiring school district staff to encourage a student to discuss issues relating to his or her well-being with his or her parent or to facilitate discussion of the issue with the parent. The policy and procedure may not prohibit parents from accessing any of their student's education records created, maintained, or used by the school district, as required by RCW 28A.605.030 and any of their student's health records created, maintained, or used by the school district.

(2) A school district may not adopt a policy or procedure that prohibits school district staff from notifying a parent about his or her student's mental, emotional, or physical health or well-being, or a change in related services or monitoring, or that encourage or have the effect of encouraging a student to withhold from a parent such information. School district staff may not discourage or prohibit parental notification of and involvement in critical decisions affecting a student's mental, emotional, or physical health or well-being. This subsection does not prohibit a school district from adopting a policy or procedure that permits school district staff to withhold such information from a parent if a reasonably prudent person would believe that disclosure would result in abuse, abandonment, or neglect, as those terms are defined in RCW 13.34.030 and 26.44.020.

(3) Classroom instruction by school district staff or third parties on sexual orientation including gender expression or identity may not occur in kindergarten through third grade or in a manner that is not age appropriate or developmentally appropriate for students in accordance with state learning standards.

(4) At the beginning of the school year, each school district must notify parents of each health care service offered at their student's school and the option to withhold consent or decline any specific service unless parental consent is not required by law. Parental consent to a health care service does not waive the right of a minor child to have his or her parent access his or her child's educational or health records or to be notified about a change in his or her child's services or monitoring as provided by this section.

(5) Before administering a questionnaire, screening form, or diagnostic assessment related to student well-being or health to a student in kindergarten through third grade, the school district must provide the questionnaire, screening form, or diagnostic assessment to the parent and obtain the permission of the parent.

(6) Each school district shall adopt a policy and procedure for a parent to notify the principal, or his or her designee, regarding concerns under this section at his or her student's school and the process for resolving those concerns within seven calendar days after notification by the parent.

(a) At a minimum, the policy and procedure must require that within 30 days after notification by the parent that the concern remains unresolved, the school district must either resolve the concern or provide a statement of the reasons for not resolving the concern.

(b) If a concern is not resolved by the school district, a parent may:

(i) Request the superintendent of public instruction to appoint a special magistrate who is a member of the Washington state bar association in good standing and who has at least five years' experience in administrative law. The special magistrate must determine facts relating to the dispute over the school district policy, procedure, or practice, consider information provided by the school district, and render a recommended decision for resolution to the state board of education within 30 days after receipt of the request by the parent. The state board of education must approve or reject the recommended decision at its next regularly scheduled meeting that is more than seven calendar days and no more than 30 days after the date the recommended decision is transmitted. The costs of the special magistrate must be borne by the school district. The state board of education must adopt rules, including forms, necessary to implement this subsection; or

(ii) Bring an action against the school district to obtain a declaratory judgment that the school district policy, procedure, or practice violates this section and seek injunctive relief. A court may award damages and must award reasonable attorney fees and court costs to a parent who receives declaratory or injunctive relief.

(c) Each school district must adopt a policy and procedure to notify parents of the procedures required under this subsection.

(d) Nothing contained in this subsection shall be construed to abridge or alter rights of action or remedies in equity already existing under the common law or general law.

(7) 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 established under chapter 28A.715 RCW.

(8) For the purposes of this section:

(a) "Parent" includes a legal guardian.

(b) "School district staff" means persons employed by a school district, charter school, state-tribal education compact school, or educational service district including, but not limited to, all certificated and classified staff.

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