Initiative Process.? Article II, Section 1, of the Washington State Constitution authorizes the initiative process, allowing the people to place a proposition on the ballot or to submit the proposed law to the Legislature.? If an initiative to the Legislature is certified, the Legislature must take one of the following three actions:
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Public Schools. ?Public school means the common schools as referred to in Article IX of the state Constitution, charter schools, and those schools and institutions of learning having a curriculum below the college or university level as now or may be established by law and maintained at public expense.?
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Parental Involvement and Notification.? State and federal laws establish numerous provisions for involving and notifying the parents and guardians (parents) of children enrolled in public schools.? Examples of parental involvement and notification provisions in state law include:
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School District Model Policies and Procedures.? The Washington State School Directors' Association (WSSDA) is a state agency that provides advice and assistance to school directors and also develops model policies and procedures addressing a broad range of administrative and education issues that school district boards of directors may choose to adopt. Additionally, state law requires school districts to adopt certain WSSDA model policies and procedures.
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Examples of issues addressed in WSSDA model policies and procedures include:
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Student Education Records?Privacy and Parental Access Rights.? Federal laws protect the privacy of children's education records in public schools and provide parental access to those records.? State laws either follow or are more protective of children's privacy than federal laws.? The federal Family Educational Rights and Privacy Act (FERPA) gives parents the right to inspect and review the public school education records of their minor children within 45 days of requesting access to the records, unless a court order, state statute, or other legally binding document specifically revokes this right.? If circumstances effectively prevent a parent from exercising this right, the school must either provide the parent with a copy of the requested records or make other arrangements for the parent to access the requested records.
The following documents, if directly related to a student and maintained by a school, would?generally constitute education records subject to FERPA: transcripts, course schedules,?discipline files, and immunization records.? Records kept in the sole possession of the maker, used only as a personal memory aid, and not accessible or revealed to any other person except a?temporary substitute for the maker of the record, are not education records.
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Under state law, the parent or guardian of a student has the right to review all education records of the student, which are academic, attendance, and disciplinary records.? Additionally, school district boards of directors must establish a procedure in conformity with FERPA for granting a request by a parent or guardian for access to the education records of their child, and prohibiting the release of student information without the written consent of the student's parent or guardian.
Protection of Pupil Rights Amendment.? The federal Protection of Pupil Rights Amendment (PPRA) requires public schools to notify parents and offer the option to opt their children out of administration of survey, analysis, or evaluation that reveals information concerning:
The Legislature finds that:
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Fifteen rights are provided for parents and legal guardians of public school children younger than 18 years old in a number of categories.? Public schools has the same meaning that is in existing state law.
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Access to Materials.? Parents have a right to examine the textbooks, curriculum, and supplemental material used in their child's classroom.
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Public School Records.? Parents have a right to inspect their child's public school records and to receive a copy of their child's records within ten business days of submitting a written request, either electronically or on paper.? Parents must not be required to appear in person to request or validate a request for their child's public school records.?
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No charge may be imposed on a parent to receive such records electronically.? Any charges for a paper copy must be reasonable and set forth in the official policies and procedures of the school district.
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Public school records include all of the following:
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Notwithstanding anything to the contrary, a public school must not be required to release any records or information regarding a student's medical or health records or mental health counseling records to a parent 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 when the parent is the target of the investigation, unless the parent has obtained a court order.
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Medical Services and Treatment.? Parents have a right to receive prior notification when medical services are being offered to their child, except where emergency medical treatment is required.? In cases where emergency medical treatment is required, the parent must be notified as soon as practicable after the treatment is rendered.
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Parents have a right to 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 health insurance payments or copays.
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Parents have a right to receive notification when the school has arranged directly or indirectly for medical treatment that results in follow-up care beyond normal school hours.? Follow-up care includes monitoring the child for aches and pains, medications, medical devices such as crutches, and emotional care needed for the healing process.?
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Criminal Action and Law Enforcement.? Parents have a right to receive immediate notification if a criminal action is deemed to have been committed against their child or by their child.??
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Parents have a right to receive immediate notification if law enforcement personnel question their child, except in cases where the parent or legal guardian has been accused of abusing or neglecting the child.
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Removal from Campus.? Parents have a right to 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.?
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Nondiscrimination.? Parents have a right 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.?
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Notice of Opt Out.? Parents have a right to receive written notice and the choice to opt their child out of any surveys, assignments, questionnaires, role-play activities, recordings of their child, or other student engagements that include questions about any of the following:
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Parents have a right to receive written notice and have the option to opt their child out of instruction on topics associated with sexual activity in accordance with comprehensive sexual health education.
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School Calendar.? Parents have a right to 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 event that requires parent or student attendance outside of normal school days or hours.
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Required Fees.? Parents have a right to receive in writing each year 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.?
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Dress Code or Uniform.? Parents have a right to receive in writing each year or to view on the school's website a description of the school's required dress code or uniform, if applicable, for students.
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Academic Performance.? Parents have a right to be informed if their child's academic performance, including whether their child is provided a student learning plan, 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.
Senate | 49 | 0 |
June 6, 2024