1296-S.E AMS EDU S2424.2
 
ESHB 1296 - S COMM AMD
By Committee on Early Learning & K-12 Education
OUT OF ORDER 04/11/2025
Strike everything after the enacting clause and insert the following:
"PART ONE
PROTECTION OF STUDENTS' SAFETY, EDUCATION ACCESS, AND PRIVACY
NEW SECTION.  Sec. 101. A new section is added to chapter 28A.320 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 an academic environment free of discrimination, access to the state's statutory program of basic education established pursuant to Article IX of the Constitution of the state of Washington, 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 school district 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 may enforce and obtain compliance with subsection (1) of this section by utilizing the process established in section 303 of this act if there is a valid complaint and subsequent finding of willful noncompliance with state law as defined in section 302 of this act.
(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.
PART TWO
THE STATEMENT OF STUDENT RIGHTS
NEW SECTION.  Sec. 201. (1) The legislature finds that public education is a cornerstone of a healthy, diverse, and productive society.
(2) Article IX of the state 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)(i) 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.
(ii) The materials described in this subsection must also be incorporated into civics education materials and resources 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) Public school students are the beneficiaries of the foundational principles of individual liberty and equality, as established in the Declaration of Independence, and are entitled to numerous rights and protections under the Constitution of the United States, the Constitution of the state of Washington, and federal and state laws and regulations.
(b) These rights and protections include, but are not limited to, the following:
(i) The right to access an amply funded program of basic education, established pursuant to Article IX of the Constitution of the state of Washington, that provides an opportunity 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 as established in RCW 28A.150.200;
(ii) The right to learn in a safe, supportive learning environment, free from harassment, intimidation, or bullying and the right to file a complaint under RCW 28A.600.477 if they are subject to this behavior;
(iii) The right to access an academic environment free of discrimination according to the provisions established in chapters 28A.642, 28A.640, and 49.60 RCW;
(iv) The right to exercise constitutionally protected freedoms as established in the United States and Washington state Constitutions and as further interpreted in applicable case law including, but not limited to, the freedoms of speech, assembly, and exercise of religion;
(v) The right to receive copies of all school policies and procedures related to students including, but not limited to: Student conduct; antidiscrimination rules; antiharassment, intimidation, and bullying rules; discipline rules and rules related to due process rights for disciplinary measures; and access to educational programs in accordance with RCW 28A.300.286 and 28A.600.010;
(vi) The right of students with qualifying disabilities to receive special education and related services that address their individual needs in accordance with federal law and chapter 28A.155 RCW;
(vii) The right for youth to access education programs while residing in institutional education facilities, including adult correctional facilities, in accordance with RCW 28A.150.200 and chapters 28A.190 and 28A.193 RCW;
(viii) The right of qualified persons to utilize education facilities and services established under chapter 72.40 RCW and funded for the benefit of persons who are deaf, blind, or both; and
(ix) The right to access academic courses and instructional materials with historically and scientifically accurate information that includes the histories, contributions, and perspectives of historically marginalized and underrepresented groups in accordance with RCW 28A.345.130.
(3) The rights identified in this section are not intended to be a comprehensive delineation of student rights, the manner in which they are derived, or the associated legal limits, 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.
(5) Nothing in this section creates a private right of action.
Sec. 203. RCW 28A.230.094 and 2020 c 208 s 9 are each amended to read as follows:
(1)(a) Beginning with or before the 2020-21 school year, each school district that operates a high school must provide a mandatory one-half credit stand-alone course in civics for each high school student. Except as provided by (c) of this subsection, civics content and instruction embedded in other social studies courses do not satisfy the requirements of this subsection.
(b) Credit awarded to students who complete the civics course must be applied to course credit requirements in social studies that are required for high school graduation.
(c) Civics content and instruction required by this section may be embedded in social studies courses that offer students the opportunity to earn both high school and postsecondary credit.
(2) The content of the civics course must include, but is not limited to:
(a) Federal, state, tribal, and local government organization and procedures;
(b) Rights and responsibilities of citizens addressed in the Washington state and United States Constitutions, including the statement of student rights and materials delineated in section 202 of this act;
(c) Current issues addressed at each level of government;
(d) Electoral issues, including elections, ballot measures, initiatives, and referenda;
(e) The study and completion of the civics component of the federally administered naturalization test required of persons seeking to become naturalized United States citizens; and
(f) The importance in a free society of living the basic values and character traits specified in RCW 28A.150.211.
(3) By September 1, 2020, the office of the superintendent of public instruction, in collaboration with the Washington state association of county auditors and a 501(c)(3) nonprofit organization engaged in voter outreach and increasing voter participation, shall identify and make available civics materials and resources for use in courses under this section. The materials and resources must be posted on the office of the superintendent of public instruction's website.
NEW SECTION.  Sec. 204. Sections 201 through 203 of this act may be known and cited as the statement of student rights act.
PART THREE
ENSURING PROTECTION OF STUDENTS' SAFETY, EDUCATION ACCESS, CIVIL RIGHTS, AND PRIVACY
NEW SECTION.  Sec. 301. (1) The legislature acknowledges and supports the importance of local control for school district governance. Local school boards and superintendents are in the best position to effectively and quickly respond to the needs of their communities. However, local control is not absolute and must also be balanced against the need to ensure all students have access to a healthy, safe learning environment that celebrates and protects their diversity and civil rights. There are certain areas of state law which are critically important to ensuring every student has equal access to this type of supportive and responsive learning environment.
(2) The legislature is aware that some school districts are intentionally not complying with certain requirements in state law and that this noncompliance is negatively impacting students. School board members and superintendents are uniquely responsible for ensuring that their school district is in compliance with those state laws and members of the school district should have a mechanism to hold those individuals accountable if state laws are not followed.
(3) The legislature therefore intends to establish a complaint process for students, parents, and community members to address willful noncompliance with certain state laws that are necessary for protecting the health, safety, and civil rights of students in order to ensure every student has access to a positive learning environment.
NEW SECTION.  Sec. 302. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 303 through 305 of this act.
(1) "Broad complaint" means a complaint that impacts an entire student body, an entire subgroup of students within a student body, an entire school, or an entire school district.
(2) "Limited complaint" means a complaint that impacts one or more individual students.
(3) "Negligent" means the failure to exercise ordinary care by a local school district superintendent, a local school district board of directors, or an individual member or members of a board of directors, and the actor knew or reasonably should have known that the failure to exercise ordinary care would result in noncompliance with state law as defined in this section.
(4) "Noncompliance with state law" means action or inaction by a local school district superintendent, a local school district board of directors, or an individual member or members of a board of directors, that results in noncompliance with the following state laws, which are intended to ensure academic rights and protections for students in the educational environment:
(a) State civil rights and nondiscrimination, including the antidiscrimination and sexual equality laws and model policy and procedure requirements related to protecting students' rights as established in chapters 28A.640 and 28A.642 RCW;
(b) "Harassment, intimidation, or bullying" as defined in RCW 28A.600.477;
(c) Curriculum requirements as described in RCW 28A.150.230, 28A.300.475, and 28A.320.170; the policies and procedures related to the selection or deletion of instructional materials required in RCW 28A.320.230; and the review and removal of supplemental instructional materials required in RCW 28A.320.235;
(d) The use of restraint or isolation on a student as described in RCW 28A.600.485; or
(e) Student discipline as described in chapter 28A.600 RCW.
(5) "Willful" means nonaccidental action or inaction by a local school district superintendent, a local school district board of directors, or an individual member or members of a board of directors, that the actor knew or reasonably should have known would result in noncompliance with state law.
NEW SECTION.  Sec. 303. (1) By July 1, 2026, the office of the superintendent of public instruction must establish a process to investigate and address two types of complaints alleging willful noncompliance with state law:
(a) Limited complaints; and
(b) Broad complaints.
(2) The purpose of the complaint process is to secure equitable resolutions to complaints relating to alleged willful noncompliance with the state laws listed in section 302(4) of this act.
(3)(a)(i) Any student who is enrolled in the school district or any parent or legal guardian who has a student enrolled in the school district may file a limited or broad complaint with the office of the superintendent of public instruction alleging willful noncompliance with a state law listed in section 302(4) of this act.
(ii) Anyone residing within the boundaries of the school district may file a broad complaint with the office of the superintendent of public instruction alleging willful noncompliance with a state law listed in section 302(4) of this act.
(b) Limited and broad complaints may be filed against a local school district superintendent, a local school district board of directors, or an individual member or members of a board of directors.
(c) Before a person may file a complaint with the office of the superintendent of public instruction, the person must exhaust available complaint procedures, if such procedures exist, including procedures established under state law including, but not limited to, RCW 28A.320.124, 28A.320.230, 28A.410.090, 28A.600.477, 28A.640.020, and 28A.642.030, and local policy and procedure. If there are no existing complaint procedures available, the person who intends to file the complaint must provide notice of the complaint to the local school district superintendent before filing the complaint with the office of the superintendent of public instruction.
(4)(a) The office of the superintendent of public instruction must adopt rules that ensure due process regarding the complaint process, timelines, compliance action plans, and consequences established under this section and sections 304 and 305 of this act.
(b)(i) The office of the superintendent of public instruction must consult with the state board of education to build a connection between the rules adopted under this subsection and the state board of education's rules on basic education compliance established under RCW 28A.150.220 for complaints regarding willful noncompliance with curriculum requirements as described in section 302(4)(c) of this act.
(ii) The office of the superintendent of public instruction must consult with the office of the education ombuds about how to include the complaint process established under this section into the simple and uniform access point for the receipt of complaints created under RCW 43.06B.070.
(c) The office of the superintendent of public instruction may adopt rules to expedite the investigation of complaints related to an immediate health or safety concern.
(d) The office of the superintendent of public instruction may not take action against a school district or local school district superintendent under the provisions established in section 305 of this act unless there is evidence that the local school district superintendent, local school district board of directors, or individual member or members of a board of directors acted in a willful manner or if after the first notice of noncompliance as described in section 304 of this act the school district continues to fail to remedy the noncompliance and receives a second notice of continued noncompliance.
NEW SECTION.  Sec. 304. (1)(a) Upon receipt of a complaint filed under section 303 of this act, the office of the superintendent of public instruction must make an initial determination as to whether the complaint reasonably contains enough facts to allege that a school district is in noncompliance with state law as defined in section 302 of this act and whether other existing complaint procedures have been exhausted as required by section 303 of this act.
(b) If the requirements in (a) of this subsection are met, the office of the superintendent of public instruction shall conduct a full investigation of the allegations in the complaint.
(c) If the requirements in (a) of this subsection are not met, the office of the superintendent of public instruction shall notify the complainant of that finding and is not required to investigate further.
(2)(a) If, after a full investigation as required under subsection (1)(b) of this section, the office of the superintendent of public instruction finds noncompliance with state law, but determines the noncompliance is not willful, the office of the superintendent of public instruction shall provide the school district with a first notice stating its determination of noncompliance and identify corrective actions and a timeline that the school district may take to come into compliance.
(b) If the school district fails to comply with the corrective actions identified in the first notice within the prescribed timeline, the office of the superintendent of public instruction shall provide the school district a second notice stating that continued failure to comply with corrective actions may result in consequences as established in section 305 of this act. Upon receipt of a second notice, the local school district superintendent and school district board of directors must adopt and submit a compliance action plan to the office of the superintendent of public instruction for approval. The compliance action plan must establish how the school district will implement the corrective actions identified by the office of the superintendent of public instruction. Unless otherwise required by subsection (4) of this section, the compliance action plan must be submitted under a timeline as required by the office of the superintendent of public instruction.
(c) Before submitting the compliance action plan to the office of the superintendent of public instruction for approval, the school district board of directors must hold a public meeting to present the proposed compliance action plan to the community and allow for public comment on the proposed plan. For all such public meetings, individual students may not be identified, and the public meetings and materials prepared for such meetings must adhere to nondisclosure of personally identifiable information consistent with state and federal student privacy laws.
(3)(a) If, after a full investigation as required under subsection (1)(b) of this section, the office of the superintendent of public instruction finds willful noncompliance with state law, the office of the superintendent of public instruction shall provide the school district with a first notice stating its determination of willful noncompliance and identify corrective actions and a timeline that the school district may take to come into compliance. Upon receipt of the first notice, the school district board of directors shall hold a public meeting to present the finding of willful noncompliance with state law, the identified corrective actions and timeline for those actions, and take public comment on what additional actions the public thinks may be needed to come into compliance with state law.
(b) If the school district fails to comply with the corrective actions identified in the first notice within the prescribed timeline, the office of the superintendent of public instruction shall provide the school district a second notice stating that continued failure to comply with corrective actions may result in consequences as established in section 305 of this act. Upon receipt of a second notice, the local school district superintendent and school district board of directors must adopt and submit a compliance action plan to the office of the superintendent of public instruction for approval. The compliance action plan must establish how the school district will implement the corrective actions identified by the office of the superintendent of public instruction. Unless otherwise required by subsection (4) of this section, the compliance action plan must be submitted under a timeline as required by the office of the superintendent of public instruction. The compliance action plan must be developed in collaboration with the office of the superintendent of public instruction. In developing the compliance action plan, the school district must provide school district administrators, teachers, and other staff, parents of children attending a school within the school district, unions representing employees within the school district, students from the school district, and other impacted communities as appropriate with an opportunity to provide input on the development of the plan.
(c) Before submitting the compliance action plan to the office of the superintendent of public instruction for approval, the school district board of directors must hold a public meeting to present the proposed compliance action plan to the community and allow for public comment on the proposed plan. For all such public meetings, individual students may not be identified, and the public meetings and materials prepared for such meetings must adhere to nondisclosure of personally identifiable information consistent with state and federal student privacy laws.
(d) After submission and approval of the compliance action plan, the school district shall conduct additional public meetings with an opportunity for public comment at least once every six months to present school district progress on implementation of the compliance action plan until the superintendent of public instruction finds that the school district has come into compliance with state law.
(4) A compliance action plan developed under this section must, at a minimum, include the following:
(a) A description of the changes in the school district's or school's existing policies, structures, agreements, processes, and practices needed to come into compliance with state law; and
(b) The timeline for coming into compliance with state law.
(5) Compliance action plans must be developed in accordance with chapters 41.56 and 41.59 RCW where applicable.
(6) The office of the superintendent of public instruction may develop and publish additional guidelines for the development of compliance action plans as required by this section for use by school districts.
NEW SECTION.  Sec. 305. (1) The office of the superintendent of public instruction may impose any of the following consequences on a school district if the district has been sent a second notice under the provisions of section 304 of this act:
(a) Require the school district to adopt or readopt policies and procedures to come into compliance with state law;
(b) Find that a local school district superintendent committed an act of unprofessional conduct under section 309 of this act and may be held accountable for such conduct under rules established under section 309 of this act; and
(c) As a last resort, withhold and redirect up to 20 percent of state funds allocated to the school district for basic education to support the compliance action plan required in section 304 of this act until the office of the superintendent of public instruction finds that the school district has come into compliance with state law. The office of the superintendent of public instruction must consider the school district's overall financial health when determining the amount of funds to withhold and redirect under this subsection. Written notice of the intent to withhold and redirect state funds, with reasons stated for this action, must be made to the school district by the office of the superintendent of public instruction before any portion of the state allocation is withheld and redirected.
(2) Willful or negligent noncompliance with state law constitutes a violation of the oath of office under RCW 29A.56.110, and a member of a board of directors may be subject to recall and discharge under chapter 29A.56 RCW.
(3) Sections 303 and 304 of this act and this section do not restrict any existing authority the office of the superintendent of public instruction has to enforce compliance with state law, including health and safety requirements.
(4) Any party to a complaint may file a notice of appeal with the office of the superintendent of public instruction within 30 days of the final decision. An administrative law judge of the office of administrative hearings will hear and determine the appeal. Appeal proceedings must be conducted pursuant to chapter 34.05 RCW. An appeal of the administrative law judge's determination or order shall be to the superior court. The superior court's decision is subject only to discretionary review under the rules of appellate procedure.
NEW SECTION.  Sec. 306. The office of the superintendent of public instruction may enact rules for implementation of sections 302 through 305, 312, and 313 of this act.
Sec. 307. RCW 43.06B.070 and 2024 c 219 s 1 are each amended to read as follows:
(1) By July 1, 2025, and in compliance with this section, the office of the education ombuds shall create a simple and uniform access point for the receipt of complaints involving the elementary and secondary education system. The purpose of the access point is to provide a single point of entry for complaints to be reported and then referred to the most appropriate individual or entity for dispute resolution at the lowest level of intercession.
(2) Any individual who has firsthand knowledge of a violation of federal, state, or local laws, policies or procedures, or of improper or illegal actions related to elementary or secondary education and performed by an employee, contractor, student, parent or legal guardian of a student, or member of the public may submit a complaint to the office of the education ombuds.
(3)(a) The office shall delineate a complaint resolution and referral process for reports received through the access point. The process must:
(i) Require that the office of the education ombuds assign a unique identifier to a complaint upon receipt before referring the complaint to the appropriate individual or entity for dispute resolution at the lowest level of intercession;
(ii) Link to all existing relevant complaint and investigative processes, such as the special education community complaint process, the discrimination complaint process, the process for reporting complaints related to harassment, intimidation, and bullying, the complaint process established under section 303 of this act, and the complaint and investigation provisions under RCW 28A.410.090 and 28A.410.095; and
(iii) Discourage frivolous complaints and complaints made in bad faith.
(b) The establishment of a process as required in this section does not confer additional authority to the office of the education ombuds to mitigate or oversee disputes.
(4) The office of the education ombuds, in collaboration with the office of the superintendent of public instruction, must develop protocols for the receipt, resolution, and referral of complaints and must design a communications plan to inform individuals who report complaints through the access point about the steps in the complaint resolution and referral process, including when to expect a response from the individual or entity charged with resolving the complaint.
(5) For the purposes of this section, "employee" or "contractor" means employees and contractors of the state educational agencies, educational service districts, public schools as defined in RCW 28A.150.010, the state school for the blind, and the center for deaf and hard of hearing youth.
Sec. 308. RCW 28A.300.286 and 2023 c 242 s 1 are each amended to read as follows:
(1) The office of the superintendent of public instruction shall develop, and periodically update, model student handbook language that includes information about ((policies)):
(a) Policies and complaint procedures related to discrimination, including sexual harassment and addressing transgender students, and information about policies and complaint procedures related to harassment, intimidation, and bullying, as well as the overlap between the policies and complaint procedures((. The model student handbook language must also include a));
(b) A description of the services available through the office of the education ombuds and the contact information for the office of the education ombuds; and
(c) The complaint process established under section 303 of this act.
(2) The model student handbook language must be aligned with existing requirements in state law including chapters 28A.640 and 28A.642 RCW and RCW 28A.600.477 and 28A.600.510. The model student handbook language must be jointly developed with the Washington state school directors' association, and in consultation with the office of the education ombuds. The model student handbook language must be posted publicly on the office of the superintendent of public instruction's website beginning July 1, 2024.
(((2)))(3) Beginning with the 2024-25 school year, each school district must include the model student handbook language developed under subsection (1) of this section in any student, parent, employee, and volunteer handbook that it or one of its schools publishes and on the school district's website, and any school's website, if a school or the school district maintains a website. If a school district neither publishes a handbook nor maintains a website, it must provide the model student handbook language developed under subsection (1) of this section to each student, parent, employee, and volunteer at least annually.
NEW SECTION.  Sec. 309. A new section is added to chapter 28A.410 RCW to read as follows:
(1) The Washington professional educator standards board must adopt rules that make a local school district superintendent's or chief administrator's willful noncompliance with state law an act of unprofessional conduct and provide that a superintendent, whether certificated or not, may be held accountable for such conduct under rules established under this section. It is a defense to a finding of willful noncompliance with state law if the superintendent or chief administrator can show that they were actively attempting to bring the school district, charter school, or state-tribal education compact school into compliance with the applicable state law.
(2) For the purposes of this section, "willful" and "noncompliance with state law" have the same meaning as in section 302 of this act.
Sec. 310. RCW 28A.343.360 and 1990 c 33 s 314 are each amended to read as follows:
Every person elected or appointed to the office of school director, before entering upon the discharge of the duties thereof, shall take an oath or affirmation to support the Constitution of the United States and the state of Washington and the laws of the state of Washington and to faithfully discharge the duties of the office according to the best of his or her ability. In case any official has a written appointment or commission, the official's oath or affirmation shall be endorsed thereon and sworn to before any officer authorized to administer oaths. School officials are hereby authorized to administer all oaths or affirmations pertaining to their respective offices without charge or fee. All oaths of office, when properly made, shall be filed with the county auditor. Every person elected to the office of school director shall begin his or her term of office at the first official meeting of the board of directors following certification of the election results.
Sec. 311. RCW 28A.710.185 and 2023 c 356 s 11 are each amended to read as follows:
(1)(a) By November 1, 2023, the commission shall establish and maintain on its website an online system for students who attend charter schools, and the parents of those students, to submit complaints about the operation and administration of one or more charter schools, including complaints about the provision of education services and complaints alleging noncompliance with the requirements of this chapter or other provisions governing charter schools.
(b)(i) The commission shall acknowledge the receipt of each received complaint within 10 business days and shall, in a timely manner, perform any inquiries or other actions it deems necessary and appropriate to respond to each received complaint, unless the complaint is alleging willful noncompliance with state law as defined in section 302 of this act.
(ii) After determining that a person has exhausted any existing complaint procedures in accordance with section 303(3)(c) of this act, the commission shall forward any complaints alleging willful noncompliance with state law as defined in section 302 of this act to the office of the superintendent of public instruction and these complaints must follow the process established under sections 303 through 305 of this act.
(2) The commission shall adopt and revise as necessary rules to implement this section.
NEW SECTION.  Sec. 312. A new section is added to chapter 28A.710 RCW to read as follows:
Sections 302 through 305 of this act govern school operation and management under RCW 28A.710.040 and apply to charter schools established under this chapter, but only to the extent the statute or chapter listed in section 302(4) of this act is included in the list of state laws that a charter school must comply with under RCW 28A.710.040.
NEW SECTION.  Sec. 313. A new section is added to chapter 28A.715 RCW to read as follows:
Sections 302 through 305 of this act govern school operation and management under RCW 28A.715.020 and apply to state-tribal education compact schools subject to this chapter, but only to the extent the statute or chapter listed in section 302(4) of this act is included in the list of state laws that a state-tribal education compact school must comply with under RCW 28A.715.020.
NEW SECTION.  Sec. 314. Sections 302 through 305 of this act are each added to chapter 28A.300 RCW.
NEW SECTION.  Sec. 315. Section 308 of this act takes effect August 1, 2025.
PART FOUR
RETALIATION PROTECTIONS
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.
PART FIVE
MISCELLANEOUS PROVISIONS
Sec. 501. RCW 28A.320.160 and 2005 c 274 s 244 are each amended to read as follows:
((School districts must, at the first opportunity but in all cases within forty-eight 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.))(1) After receiving a report of an allegation that a student is a victim, target, or recipient of physical or sexual abuse, sexual misconduct, or assault by a school employee or school contractor, the school district must immediately notify the parents or legal guardians of that student.
(2) School districts shall provide parents and legal guardians with information regarding their rights under the public records act, chapter 42.56 RCW, to request the public records regarding school employee discipline. This information ((shall))must be provided to all parents and legal guardians on an annual basis.
Sec. 502. RCW 28A.400.317 and 2013 c 10 s 4 are each amended to read as follows:
(1) A certificated or classified school employee or school contractor who has knowledge or reasonable cause to believe that a student has been a victim, target, or recipient of physical or sexual abuse ((or)), sexual misconduct, or assault by another school employee or contractor, shall report such abuse ((or)), misconduct, or assault to the appropriate school administrator. The school administrator shall cause a report to be made to the proper law enforcement agency if he or she has reasonable cause to believe that the sexual misconduct ((or)), physical or sexual abuse, or assault has occurred as required under RCW 26.44.030. During the process of making a reasonable cause determination, the school administrator shall contact all parties involved in the complaint and immediately notify parents and legal guardians as required by RCW 28A.320.160.
(2) Certificated and classified school employees shall receive training regarding their reporting obligations under state law in their orientation training when hired and then every three years thereafter. The training required under this subsection may be incorporated within existing training programs and related resources.
(3) Nothing in this section changes any of the duties established under RCW 26.44.030.
NEW SECTION.  Sec. 503. Except for section 308 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
ESHB 1296 - S COMM AMD
By Committee on Early Learning & K-12 Education
OUT OF ORDER 04/11/2025
On page 1, line 4 of the title, after "entities;" strike the remainder of the title and insert "amending RCW 28A.230.094, 43.06B.070, 28A.300.286, 28A.343.360, 28A.710.185, 28A.320.160, and 28A.400.317; adding a new section to chapter 28A.320 RCW; adding a new section to chapter 28A.230 RCW; adding new sections to chapter 28A.300 RCW; adding a new section to chapter 28A.410 RCW; adding a new section to chapter 28A.710 RCW; adding a new section to chapter 28A.715 RCW; adding a new section to chapter 28A.400 RCW; creating new sections; providing an effective date; and declaring an emergency."
EFFECT: (1) Revises the state policy language to refer to students' access to the "state's statutory program of basic education" instead of a "free public education" and adds access to an academic environment free of discrimination.
(2) Replaces provisions related to the Office of the Superintendent of Public Instruction (OSPI) enforcement and compliance with this state policy with a complaint process with the following components:
(a) Directs OSPI to establish a process to investigate and address limited and broad complaints alleging willful noncompliance with state laws concerning civil rights and nondiscrimination; harassment, intimidation, and bullying; certain curriculum requirements; the use of restraint or isolation on a student; and student discipline;
(b) Requires school districts, charter schools, and state-tribal education compact schools to take certain actions if OSPI finds noncompliance with any of these state laws and allows OSPI to impose certain consequences for willful noncompliance;
(c) Directs the Washington Professional Educator Standards Board to adopt rules that make a school district superintendent's willful noncompliance with state law an act of unprofessional conduct;
(d) Amends the oath that elected or appointed school directors take to include that they must support Washington state laws; and
(e) Includes intent language.
(3) Removes provisions regarding school district policies and procedures relating to gender inclusive schools and OSPI adopting rules to ensure compliance with those provisions.
(4) Revises reporting and notification requirements as follows:
(a) Requires school districts to immediately notify the parents or legal guardians after receiving a report of an allegation that a student is a victim, target, or recipient of physical or sexual abuse, sexual misconduct, or assault by a school employee or school contractor; and
(b) Adds a cross-reference to this requirement in the statute requiring reporting of such abuse, misconduct, or assault.
(5) Makes the following changes regarding the statement of student rights:
(a) Provides that public school students are the beneficiaries of the foundational principles of individual liberty and equality, as established in the Declaration of Independence, and are entitled to numerous rights and protections under the federal and state Constitutions and federal and state laws and regulations;
(b) Includes a nonexhaustive list of these rights and protections;
(c) Adds that this section does not create a private right of action; and
(d) Amends the statute requiring a one-half credit stand-alone civics course to include the statement of student rights and corresponding materials.
(6) Removes provisions amending the rights of parents and legal guardians.
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