Declaration of Parental and Guardian Rights.
Legislation enacted in 2024 (Initiative Measure No. 2081) declared parents and guardians of public school children younger than 18 years old to have 15 specified rights.  The delineated rights related to:  receiving or being notified of academic, medical, safety, and law enforcement matters; accessing and inspecting certain materials and records; and opting their children out of certain activities.

Transgender Student Policy and Procedure Requirements.

The Washington State School Directors' Association is required to collaborate with the Office of the Superintendent of Public Instruction (OSPI) to develop and update a model transgender student policy and procedure.  The model policy and procedure must, at a minimum:

• incorporate the OSPI's rules and guidelines to eliminate discrimination in public schools on the basis of gender identity and expression;
• address the unique challenges and needs faced by transgender students in public schools; and
• describe the application of the model policy and procedure prohibiting harassment, intimidation, and bullying to transgender students.

Each school district and charter school must adopt or amend policies and procedures that incorporate all the elements of the model transgender student policy and procedure.  School districts and charter schools also must designate a primary contact regarding these policies and procedures who must, among other things, receive copies of related complaints.

Student Records:  Nondisclosure in Certain Child Abuse and Neglect Investigations.

Notwithstanding anything to the contrary, unless the parent has obtained a court order, a public school may not be required to release any records or information regarding a student's medical or health records or mental health counseling to a parent during the pendency of an investigation of child abuse or neglect.  This nonrelease requirement applies if the investigation is of the parent and is being conducted by a law enforcement agency or the Department of Children, Youth, and Families.

Alleged Sexual Misconduct by School Employee:  Notification Requirements.
School districts must, at the first opportunity but in all cases within 48 hours of receiving a report alleging sexual misconduct by a school employee, notify the parents of a student alleged to be the victim, target, or recipient of the misconduct.  School districts must also provide parents with information regarding their rights under Washington's Public Records Act to request the public records regarding school employee discipline.

Physical Abuse or Sexual Misconduct by School Employees:  Reporting Requirements.
School employees who have knowledge or reasonable cause to believe that a student has been a victim of physical abuse or sexual misconduct by another school employee, must report the abuse or misconduct to the appropriate school administrator.  The school administrator, as required by statutory provisions governing mandatory reporting obligations, must cause a report to be made to the proper law enforcement agency if the administrator has reasonable cause to believe that the misconduct or abuse has occurred.

Professional school personnel are also required to report all suspected child abuse and neglect, which includes sexual abuse and assault, to law enforcement or the Department of Children, Youth, and Families.

Public School Employees:  Employment Protections.
The Washington Law Against Discrimination (WLAD) prohibits discrimination on the basis of gender identity and sexual orientation in places of public accommodation, including public schools.  Under the WLAD, it is unlawful for any employer to discharge, expel, or otherwise discriminate against any person because the person has opposed any practice forbidden by the WLAD.

The Washington Supreme Court recognizes the common law tort of wrongful termination in violation of public policy.  As a result, it is unlawful to terminate an employee for refusing to commit an unlawful act, for performing a public duty, for exercising a legal right or privilege, or in retaliation for reporting employer misconduct.  

Additionally, most public school employees in Washington are subject to collective bargaining agreements.  Collective bargaining agreements typically limit school districts to “just cause” termination and discipline, and afford covered employees with certain rights and protections.

Private Right of Action.
A private right of action is the right of a person to bring a civil legal claim in court to obtain a remedy for a specific harm to that person.  Private rights of action can be created and recognized by the courts or through legislation.  Examples of statutory private rights of action include the right to obtain legal relief for violations of the Washington Consumer Protection Act and Washington Law Against Discrimination.

I.  State Policy:  Prioritizing the Protection of Students' Safety, Access to Public Education, and Privacy.

Policies and procedures adopted by school districts, charter schools, and state-tribal education compact schools (STECs) must prioritize the protection of every student's safety, access to a free public education, and privacy to the fullest extent possible, except as required by state or federal law.  This policy is supplemental to existing and future policies and procedures and must be considered an integral part of those policies and procedures. 

The Office of the Superintendent of Public Instruction (OSPI) must develop technical assistance and related materials, adopt rules, and enforce and obtain compliance with the policy, subject to specified notification requirements.  Examples of sanctions the OSPI may issue include:

• terminating or withholding all or part of state apportionment or categorical moneys to the offending school district, charter school, or STEC;
• terminating specified programs in which violations may be flagrant within the offending school district, charter school, or STEC; and
• placing the offending school district, charter school, or STEC on probation with appropriate sanctions until compliance is achieved.

II.  Parental and Guardian Rights:  Modifications and No Private Right of Action.

Additions, modifications, and deletions are made to the list of declared rights for parents or legal guardians of children enrolled in public schools.  These rights do not create a private right of action.

Additional Rights.  Examples of additionally declared rights include the right to:

• have their child receive a public education in a setting in which discrimination on the basis of protected class is prohibited;
• file a complaint on behalf of their child relating to harassment, intimidation, and bullying;
• have their child qualify for enrollment in a school district if they are transferred to, or pending transfer to, a military installation within the state in accordance with specified requirements;
• have their child qualify without a legal residence for enrollment in a school district;
• request enrollment for their child in a charter school;
• receive annual notice of the public school's language access policies and services, the parents' rights to free language access services under federal law, and the contact information for any language access services; and
• request information about special education programs and assistance for their child if their child is eligible for, but not receiving, special education services, including due to illness.

Modified Rights.  Examples of modified rights include the right to:

• access their child's classroom and school sponsored activities to observe class procedure, teaching materials, and class conduct, and to examine curriculum, textbooks, instructional materials, and supplemental instructional materials in accordance with policies and procedures (rather than examining textbooks, curriculum, and supplemental materials used in their child's classroom);
• inspect and review the education records of their child within a reasonable period of time, but not more than 45 days of submitting a request under the federal Family Educational Rights and Privacy Act as in effect on January 1, 2025, and as provided in requirements governing student education records (rather than to inspect their child's public school records and receive a copy within 10 days); 
• not have their child removed from school grounds or buildings during school hours without authorization of a parent or legal guardian and according to statutory provisions governing permitted school campus removals (rather than receive immediate notification if their child is taken or removed from the public school campus without parental permission, including to stay at a youth shelter or host home);
• receive immediate notification that a criminal action has been committed against their child on school property during the school day, including immediate notification if there has been a shooting or a threat of a shooting on school property, or that their child has been detained based on probable cause of involvement in a criminal activity on school property during the school day (rather than receiving immediate notification if a criminal action is deemed to have been committed against or by their child);
• receive immediate notification if a criminal action is alleged to have been committed against their child, including immediate notification if their child is alleged to be the victim, target, or recipient of an allegation of sexual misconduct by a school employee (rather than receiving immediate notification if a criminal action is deemed to have been committed against or by their child);
• receive immediate notification that their child is the alleged victim, target, or recipient of physical abuse, sexual abuse, sexual misconduct, or assault occurring on school property during the school day by another student, a school employee or contractor, or any other individual (rather than receiving immediate notification if a criminal action is deemed to have been committed against or by their child); and
• in accordance with the federal Protection of Pupil Rights Amendment (PPRA), receive written notice and opt their child out of any survey, analysis, or evaluation that reveals information concerning certain personal or family information (rather than to receive written notice and the option to opt their child out of any surveys, assignments, questionnaires, role-playing activities, recordings of their child, or other student engagements that include questions about specified personal or family information, and surveys, analyses, and evaluations subject to areas covered by the PPRA).

"Education records" is defined as those official records, files, and data directly related to a student and maintained by the public school including, but not limited to, records encompassing all the material kept in the child's cumulative folder, such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, disciplinary status, test protocols, and individualized education programs (rather than any student-specific files, documents, or other materials that are maintained by the public school).  "Education records" do not include records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.

Eliminated Rights.  Examples of eliminated rights include the right to:

• receive prior notification when medical services are being offered to their child, except where emergency medical treatment is required;
• receive notification when any medical service or medications have been provided to their child that could result in any financial impact to the parent's or legal guardian's health insurance payments or copays; and
• receive notification when the school has arranged directly or indirectly for medical treatment that results in follow-up care beyond normal school hours.

Nothing in the list of declared rights for parents and legal guardians changes access and disclosure provisions established in specified state laws related to health care information, or affects specified provisions in state law related to host homes, youth shelters, and children being taken into custody in relation to abuse or neglect allegations.

III.  Student Records:  Nondisclosure in Certain Child Abuse, Neglect, and Criminal Investigations.

School student record disclosure limitations for parents that are related to certain child abuse and neglect investigations of law enforcement or the Department of Children, Youth, and Families are extended to health care, social work, counseling, and disciplinary records (rather than records and information regarding medical or health records or mental health counseling).  The disclosure limitations are also extended to apply in criminal proceedings of parents and legal guardians where the student is the named victim.

IV.  Statement of Student Rights.
The Statement of Student Rights (Statement) is established for public school students.  The Statement provides 24 examples of student rights derived from the federal and state constitutions, and federal and state statutes.  Examples of the privileges and protections specified include:

• the free exercise of religion;

• the freedom of speech;

• the right of students with disabilities to receive special education and related services that address their individual needs;
• the right of students with disabilities to be free from discrimination with regard to accessing education programs and facilities;

• the right to access, without tuition, a school district's kindergarten through twelfth grade basic education program for students of qualifying age; and
• the right to access a learning environment with historically and scientifically accurate information.

 
Each school district, charter school, and STEC must develop student-focused materials that incorporate the Statement, share them via websites and other communication channels, and include them in a required civics course.
 

V.  Requirements Related to Transgender Students and Gender-Expansive Students.

By January 31, 2026, school districts and charter schools must adopt or amend policies and procedures related to transgender students to address the unique challenges faced by gender-expansive students and describe the application of the model policy and procedure prohibiting harassment, intimidation, and bullying to gender-expansive students. 

Online training materials of the OSPI based on a model policy and procedure of the Washington State School Directors' Association must be periodically revised by the OSPI and available to all school staff.  Additionally, the OSPI must adopt rules by December 31, 2025, to ensure compliance with requirements related to gender inclusive schools.

VI.  Alleged Sexual Misconduct by School Employees:  Notification Requirements.
School districts must immediately notify the parents or legal guardians of a student alleged to be the victim, target, or recipient of an allegation of sexual misconduct by a school employee, rather than at the first opportunity but in all cases within 48 hours of receiving such a report.  Additionally, requirements of school districts to notify parents about their public records rights regarding school employee discipline records are explicitly made applicable to legal guardians.

Notification requirements regarding alleged sexual misconduct by school employees are further modified to require school districts, charter schools, and state-tribal education compact schools to immediately notify the parents or legal guardians of a student if an employee or contractor of the school district, charter school, or state-tribal education compact school has knowledge or reasonable cause to believe that a student has been a victim, target, or recipient of physical abuse, sexual abuse, sexual misconduct, or assault occurring on school property during the school day.

VII.  Abuse, Sexual Misconduct, or Assault by School Employees or Contractors:  Reporting Requirements.
School employees or contractors who have knowledge or reasonable cause to believe that a student has been a victim of physical or sexual abuse, sexual misconduct, or assault by another school employee or contractor, must report the abuse, misconduct, or assault to the appropriate school administrator.  The school administrator, in accordance with statutory provisions governing mandator reporting obligations, must cause a report to be made to the proper law enforcement agency if the administrator has reasonable cause to believe that the abuse, misconduct, or assault has occurred.

VIII.  Public School Employees:  Antiretaliation Protections.

Employees and directors of school districts, charter schools, and STECs may not take an adverse employment action against an employee for supporting students in the exercise of their legal rights, including their right to a learning environment with historically and scientifically accurate information, or performing work in a manner consistent with the bill's provisions.

In addition, employees and directors of school districts, charter schools, and STECs may not take an adverse employment action against a teacher for instructing students in a manner consistent with state learning standards or using approved instructional materials that are culturally and experientially representative.

(In support) For years, we have heard statistics about the challenges that students have when their basic needs are not met.  This bill is centered on promoting a safe and supportive learning environment.  This bill establishes rights and supports for students and the trusted adults who support them.  The success of students is a responsibility for all of us.

This bill is vitally important.  Some students share information at school that could be detrimental if shared in a nonsupportive household.  Education is important and educators should not be required to "out" students.  In some cases, school is the only safe place that students have.

The novel 1984 warned us about limiting our ability to define ourselves, but that is happening now.  The protections for educators in the bill are important, as they are being targeted.  Those protections should be strengthened.

We have asked students to come to school as their full selves.  Most people want kids to have the freedom to learn and be themselves.  Some people have exploited the confusion resulting from Initiative 2081, but this bill aligns the initiative with current law.

(Opposed) Parents are the first teachers and overseers of their children.  Parental support is essential to student success.  This bill undermines trust that was rebuilt after the pandemic through Initiative 2081.  This bill should be rejected to preserve vital parent/student trust.

This bill overrides parents and is contrary to new federal regulations.  Passing this bill may jeopardize federal funding.

Thousands of people volunteered time and effort to pass Initiative 2081.  Amending the initiative after it was passed is taking a sledgehammer to democracy.  This bill violates natural law.

(Other) LGBTQIA persons have higher rates of suicide, and the rates are higher still among transgender students.  Students who feel safe and supported at school have better education outcomes.  Inclusive policies are about creating a sense of belonging.

There are concerns about the process requirements and penalty authorizations in the bill for the OSPI.  This bill runs the risk of inadvertently impacting schools based on the actions of school district decision-makers.  Placing the OSPI in an adversarial position with schools is not good policy.

(In support) Representative Monica Jurado Stonier, prime sponsor; Samantha Fogg, Seattle Council PTSA Co-President; Tracy Dr. Castro-Gill, Washington Ethnic Studies Now; Howl Hall; Albert Johnson; Courtney Normand, Planned Parenthood Alliance Advocates; and Brier Moreno.

More than 20 persons signed in. Please see committee staff for information.