AN ACT Relating to promoting a safe and supportive public education system through student rights, parental and guardian rights, employee protections, and requirements for state and local education entities; amending RCW 28A.642.080, 28A.642.020, and 28A.605.005; adding new sections to chapter 28A.230 RCW; adding a new section to chapter 28A.400 RCW; creating new sections; and declaring an emergency.

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

NEW SECTION.  Sec. 101. A new section is added to chapter 28A.230 RCW to read as follows:

(1) It is the policy of the state of Washington that policies and procedures adopted by school districts under this title 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 serves as a supplement to school district policies and procedures established under this title, both before and after the effective date of this section, and must be considered an integral part of those policies and procedures.

(2) The office of the superintendent of public instruction shall develop technical assistance and related materials to assist school districts with the implementation of subsection (1) of this section. The assistance and related materials must include a summary of: The privacy rights of minors; and the licensure or other professional requirements for school district employment classifications, if any, related to protecting student privacy.

(3) The office of the superintendent of public instruction shall enforce and obtain compliance with subsection (1) of this section by appropriate order made under chapter 34.05 RCW. Example sanctions that may be included on the order are as follows: Termination of all or part of state apportionment or categorical moneys to the offending school district, termination of specified programs in which violations may be flagrant within the offending school district, institution of corrective action, and the placement of the offending school district on probation with appropriate sanctions until compliance is achieved. Prior to taking enforcement action under this subsection (3), the office of the superintendent of public instruction shall: Identify corrective actions that a school district may take to comply with subsection (1) of this section; and, if requested by the school district, provide assistance and recommendations for the purpose of supporting a school district's compliance with subsection (1) of this section.

(4) 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 subject to chapter 28A.715 RCW to the same extent as it applies to school districts.

(5) The office of the superintendent of public instruction shall adopt rules as necessary to implement this section.

Sec. 102. RCW 28A.642.080 and 2023 c 242 s 5 are each amended to read as follows:

(1)(a) By January 31, ((2020))2026, each school district must adopt or amend if necessary policies and procedures that, at a minimum((, incorporate all the elements of the model transgender student policy and procedure described in subsection (3) of this section)): Incorporate the office of the superintendent of public instruction's rules and guidelines developed under RCW 28A.642.020 to eliminate discrimination in public schools on the basis of gender expression and gender identity; address the unique challenges and needs faced by transgender students and gender-expansive students in public schools; and describe the application of the model policy and procedure prohibiting harassment, intimidation, and bullying required under RCW 28A.600.477 to transgender students and gender-expansive students.

(b) School districts must share the policies and procedures that meet the requirements of (a) of this subsection with parents or guardians, students, volunteers, and school employees in accordance with rules adopted by the office of the superintendent of public instruction. This requirement as it relates to students, parents, and guardians may be satisfied by using the model student handbook language in RCW 28A.300.286.

(c)(i) Each school district must designate one person in the school district as the primary contact regarding the policies and procedures relating to ((transgender students))gender inclusive schools that meet the requirements of (a) of this subsection. In addition to any other duties required by law and the school district, the primary contact must:

(A) Ensure the implementation of the policies and procedures relating to ((transgender students))gender inclusive schools that meet the requirements of (a) of this subsection;

(B) Receive copies of all formal and informal complaints relating to transgender students and gender-expansive students;

(C) Communicate with the school district employees responsible for monitoring school district compliance with this chapter, and the primary contact regarding the school district's policy and procedure prohibiting harassment, intimidation, and bullying under RCW 28A.600.477; and

(D) Serve as the primary contact between the school district, the office of the education ombuds, and the office of the superintendent of public instruction on policies and procedures relating to ((transgender students))gender inclusive schools that meet the requirements of (a) of this subsection.

(ii) The primary contact from each school district must attend at least one training class as provided in RCW 28A.600.477, once this training is available.

(iii) The primary contact may also serve as the primary contact regarding the school district's policy and procedure prohibiting harassment, intimidation, and bullying under RCW 28A.600.477 and the primary contact regarding school district compliance with nondiscrimination laws under RCW 28A.300.286.

(2) As required by the office of the superintendent of public instruction, each school district must provide to the office of the superintendent of public instruction its policies and procedures relating to ((transgender students))gender inclusive schools that meet the requirements of subsection (1)(a) of this section.

(3)(a) ((By September 1, 2019, and periodically thereafter, the))The Washington state school directors' association must collaborate with the office of the superintendent of public instruction to develop and periodically update a model ((transgender student)) policy and procedure relating to gender inclusive schools that meets the requirements in subsection (1)(a) of this section.

(b) ((The elements of the model transgender student policy and procedure must, at a minimum: Incorporate the office of the superintendent of public instruction's rules and guidelines developed under RCW 28A.642.020 to eliminate discrimination in Washington 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, required under RCW 28A.600.477, to transgender students.

(c))) The office of the superintendent of public instruction and the Washington state school directors' association must maintain the model policy and procedure relating to gender inclusive schools on each agency's website at no cost to school districts.

(4)(a) By December 31, 2020, the office of the superintendent of public instruction must develop online training materials((available to all school staff)) based on the model ((transgender student)) policy and procedure relating to gender inclusive schools described in subsection (3) of this section and the office of the superintendent of public instruction's rules and guidance as provided under this chapter. The online training materials must be available to all school staff.

(b) The online training materials must describe the role of school district primary contacts for monitoring school district compliance with this chapter prohibiting discrimination in public schools, RCW 28A.600.477 related to the policies and procedures prohibiting harassment, intimidation, and bullying, and this section related to policies and procedures relating to ((transgender students))gender inclusive schools.

(c) The online training materials must ((include))also: Include best practices for policy and procedure implementation and cultural change that are guided by school district experiences; and be periodically revised as necessary.

(d) The office of the superintendent of public instruction must annually notify school districts of the availability of the online training materials.

Sec. 103. RCW 28A.642.020 and 2024 c 316 s 5 are each amended to read as follows:

(1) The superintendent of public instruction shall develop and periodically revise rules and guidelines to ((eliminate)): Eliminate discrimination prohibited in RCW 28A.642.010 and 28A.320.233 as it applies to public school employment, counseling and guidance services to students, recreational and athletic activities for students, access to course offerings, and in textbooks, instructional materials, and supplemental instructional materials, and student access to those materials; and ensure compliance with the requirements of RCW 28A.642.080. The adoption of rules to ensure compliance with the requirements of RCW 28A.642.080 must be completed by December 31, 2025.

(2) For the purposes of this section, "supplemental instructional materials" has the same meaning as in RCW 28A.320.235.

(2) Article IX of the Washington Constitution requires the state to make ample provision for the education of all children residing within its borders. This requirement recognizes that public schools are foundational to our democracy, working in partnership with families and communities to shape the next generation of leaders into respectful and engaged critical thinkers, resulting in economic prosperity and innovation for the state and its residents.

(3) In recognition of the role that public education can play in providing students with information about their rights and about how to employ their rights for the betterment of education and society, the legislature intends to require each school district, charter school, and state-tribal education compact school to develop student-focused educational and promotional materials, for communication and classroom use, that incorporate the statement of student rights established in section 202 of this act.

NEW SECTION.  Sec. 202. A new section is added to chapter 28A.230 RCW to read as follows:

(1)(a) Each school district, charter school, and state-tribal education compact school shall develop student-focused educational and promotional materials that incorporate the statement of student rights provided by this section. A link to the materials must be made available on school district, charter school, and state-tribal compact school websites, social media platforms, and other communication channels used by students. The materials must also be incorporated into civics education curricula provided to students in accordance with RCW 28A.230.094.

(b) The office of the superintendent of public instruction shall make the statement of student rights available on its website and is encouraged to include the statement in materials provided under RCW 28A.230.150.

(2) The statement of student rights is as follows:

(a)(i) Public school students are subject to the Declaration of Independence and the United States Constitution, and its privileges and protections, including:

(A) The free exercise of religion;

(B) The freedom of speech;

(C) The right to peaceably assemble;

(D) The right to petition the government for a redress of grievances;

(E) The freedom from unreasonable searches and seizures;

(F) The right to a due process of law;

(G) The right to equal protection of the laws; and

(H) The right to life, liberty, and the pursuit of happiness.

(ii) Public school students are subject to numerous privileges and protections derived from federal statutes, examples of which include:

(A) The right to be free from discrimination with regard to accessing education programs and activities offered by a recipient of federal financial assistance;

(B) The right of students with qualifying disabilities to receive special education and related services that address their individual needs; and

(C) The right of students with disabilities to be free from discrimination with regard to accessing education programs and facilities.

(b)(i) Public school students are subject to the state Constitution and its privileges and protections, including:

(A) The right of petition and peaceable assemblage;

(B) The freedom to speak, write, and publish on all subjects;

(C) The right to not be disturbed in private affairs without authority of law;

(D) The right to absolute freedom of conscience in all matters of religious sentiment, belief, and worship;

(E) The right to attend public schools that are funded in a manner that is consistent with the state's paramount duty of making ample provision for the education of all children residing within its borders;

(F) The right to have schools that are maintained wholly or partially by public funds free from sectarian control or influence;

(G) The right for minors to receive an education while residing in a criminal justice facility;

(H) The right of qualified persons to utilize education facilities and services established and funded for the benefit of persons who are deaf, blind, or both; and

(I) The right of qualified persons to vote at all elections, including elections for school directors, members of the legislature, and the superintendent of public instruction.

(ii) Public school students are subject to numerous privileges and protections derived from state statutes, examples of which include:

(A) The right to access, without tuition, a school district's kindergarten through 12th grade basic education program for students of qualifying age;

(B) The right to a basic education that provides students with opportunities to develop the knowledge and skills necessary to meet state-established graduation requirements, which are intended to provide students with the opportunity to graduate with a meaningful diploma that prepares them for postsecondary education, gainful employment, and citizenship;

(C) Due process rights related to disciplinary measures and education access; and

(D) The right to access a learning environment with historically and scientifically accurate information that includes the histories, contributions, and perspectives of historically marginalized and underrepresented groups as provided in RCW 28A.345.130, and provides students with an appreciation for the contributions and perspectives of diverse, global cultures.

(3) The rights identified in this section are not intended to be a comprehensive delineation of student rights or the manner in which they are derived, nor is this section intended to have any application to rights established in other titles or in other provisions of state and federal law.

(4) For purposes of this section, "public schools" has the same meaning as in RCW 28A.150.010.

Sec. 301. RCW 28A.605.005 and 2024 c 4 s 1 are each amended to read as follows:

(1) The legislature finds that: (a) Parents are the primary stakeholders in their children's upbringing; (b) parental involvement is a significant factor in increasing student achievement; and (c) access to student information encourages greater parental involvement.

(2) ((Parents))The rights of parents and legal guardians ((of public school children younger than 18 years old have all of the following rights))include the right to enroll their child of qualifying age in a public school, regardless of sincerely held beliefs, housing status, immigration status, English language proficiency, or disability, and to provide for the instruction of their child through an approved private school or home-based instruction. Parents and legal guardians who enroll their child in a public school have additional rights related to their child's enrollment, including to:

(a) ((To examine the textbooks, curriculum, and supplemental material used in))Access their child's classroom and school sponsored activities in order to observe class procedure, teaching material, and class conduct as provided in RCW 28A.605.020;

(b)(((i) To inspect their child's public school records in accordance with RCW 28A.605.030, and to receive a copy of their child's records within 10 business days of submitting a written request, either electronically or on paper.

(ii)))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 in accordance with the federal family educational rights and privacy act and RCW 28A.605.030;

(i) Parents ((or))and legal guardians ((must))choosing to inspect and review their child's education records may not be required by a public school to ((appear)): Appear in person for the purposes of requesting ((or validating a request for their child's public school records.

(iii) No charge may be imposed on a parent or legal guardian to receive such))the education records, provided the public school can ascertain the identity of the requestor; or pay a fee or other charge to receive the education records electronically. Any fees or charges required of parents or legal guardians by a public school for a paper copy of ((such))their child's education records must be reasonable and set forth in the official policies and procedures of the public school ((district.

(iv) Public school records include all of));

(ii) "Education records" include the following:

(A) Academic records of their child including, but not limited to, grades, transcripts, and test and assessment scores in accordance with RCW 28A.230.195;

(B) ((Medical or health records;

(D))) Records of any ((vocational))graduation, college, and career counseling, including career and technical education counseling;

(((E)))(C) Records of discipline, including expulsions and suspensions under RCW 28A.600.015 and 28A.600.020;

(((F)))(D) Records of attendance, including unexcused absences in accordance with RCW 28A.225.020; and

(((G)))(E) Records associated with ((a))their child's screening for ((learning challenges, exceptionalities, plans for an individualized education program))indications of or areas associated with dyslexia under RCW 28A.320.260, highly capable programs under RCW 28A.185.030, plans for an individualized education program in accordance with the federal individuals with disabilities education act, or ((plan))plans adopted under section 504 of the rehabilitation act of 1973; ((and

(h) To receive))(c) 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" as defined in RCW 74.15.020;

(i) To receive assurance their child's public school will not discriminate against their child based upon the sincerely held religious beliefs of the child's family in accordance with chapter))in violation of requirements under RCW 28A.605.010;

(d) Have their child receive a public education in a setting in which discrimination on the basis of sex, race, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation, including gender expression or identity, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability is prohibited under chapters 28A.640 and 28A.642 RCW;

(((j) To receive))(e) Receive written notice ((and the option))from the school district in accordance with the federal protection of pupil rights amendment about the opportunity 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 any of the following:

(iii) Any mental))analyses, or evaluations that may reveal information concerning:

(ii) Mental health or psychological problems of the ((child or a family member; and

(k) To receive))student or the student's family;

(f) Receive written notice from the public school and have the option to opt their child out of ((instruction on topics associated with))comprehensive sexual ((activity))health education in accordance with RCW 28A.300.475;

(((l) To receive))(g) Receive from the public school the annual school calendar, no later than 30 days prior to the beginning of the school year, and to be notified in writing as soon as feasible of any revisions to such calendar. Such calendar must be posted to the public school's website and must include, at a minimum, student attendance days and any known event that requires parent, legal guardian, or student attendance outside of normal school days or hours;

(((m) To receive))(h) Receive in writing each year from the public school or to view on the public school's website a comprehensive listing of any required fee and its purpose and use and a description of how economic hardships may be ((addressed;

(n) To receive))considered in the administration of fees;

(i) Receive in writing each year from the public school or to view on the public school's website a description of the public school's required dress code or uniform established ((pursuant to))in accordance with RCW 28A.320.140, if applicable, for students; ((and

(o) To be))(j) Be informed ((if))by the public school of their child's academic performance((, including whether their child is provided a student learning plan under RCW 28A.655.270, is such that it could threaten the child's ability to be promoted to the next grade level and to be offered an in-person meeting with the child's classroom teacher and principal to discuss any resources or strategies available to support and encourage the child's academic improvement))in accordance with RCW 28A.150.240, 28A.230.195, 28A.655.230, 28A.320.203, and 28A.230.730, including, as applicable, notifications about grade level advancement and meetings with the child's classroom teacher to discuss any resources or strategies available to support and encourage the child's academic improvement;

(t) Access special education due process hearings regarding their child as required by RCW 28A.155.020.

(3) Notwithstanding anything to the contrary, a public school shall not be required to release any records or information regarding a student's ((medical or health records or mental health counseling))health care, social work, counseling, or disciplinary records to a parent or legal guardian who is the defendant in a criminal proceeding where the student is the named victim, or during the pendency of an investigation of child abuse or neglect conducted by any law enforcement agency or the department of children, youth, and families where the parent or legal guardian is the target of the investigation, unless the parent or legal guardian has obtained a court order.

(4) ((As used in this section "public))The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(b) "Public school" has the same meaning as in RCW 28A.150.010.

NEW SECTION.  Sec. 401. A new section is added to chapter 28A.400 RCW to read as follows:

(1) School district employees and directors may not take an adverse employment action against any employee of the school district for:

(a) Supporting students in the exercise of their legal rights, including their right to a learning environment with historically and scientifically accurate information that: Includes the histories, contributions, and perspectives of historically marginalized and underrepresented groups as provided in RCW 28A.345.130; and provides students with an appreciation for the contributions and perspectives of diverse, global cultures; or

(b) Performing work in a manner consistent with RCW 28A.642.080, 28A.642.020, and 28A.605.005, and sections 101, 201, and 202 of this act.

(2) In addition to the prohibitions established in subsection (1) of this section, school district employees and directors may not take an adverse employment action against a teacher of the school district for:

(a) Instructing students in a manner consistent with state learning standards; or

(b) Using instructional materials approved in accordance with RCW 28A.320.230 that are culturally and experientially representative, including materials on the study of the role and contributions of individuals or groups that are part of a protected class under RCW 28A.642.010 and 28A.640.010.

(3) For the purposes of this section, an "adverse employment action" includes termination, demotion, suspension, discipline, denial of promotion, reassignment, negatively impacting the evaluation of certificated staff under RCW 28A.405.100, removal from, or denying access to, a supplemental contract, or otherwise taking any negative employment action against the employee.

(4) 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 subject to chapter 28A.715 RCW to the same extent as it applies to school districts.

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