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:
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.
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.
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.?
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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:
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II.? Parental and Guardian Rights.
Additions, modifications, and deletions are made to the list of declared rights for parents or guardians of public school children.? Parental and legal guardian rights are expressly specified to 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.
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Additional Rights.? Examples of additionally declared rights include the right to:
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Modified Rights.? Examples of modified rights include the right to:
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"Education records" is defined as records that contain information directly related to a student and are maintained by the public school, except as otherwise provided in the federal Family Educational Rights and Privacy Act (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.
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Eliminated Rights.? Examples of eliminated rights include the right to:
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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.
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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:
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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.
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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.?
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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.
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VI.? 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.
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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.
As compared to the original bill, the substitute bill:
(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.
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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.
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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.
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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.
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(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.
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This bill overrides parents and is contrary to new federal regulations.? Passing this bill may jeopardize federal funding.
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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.
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(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.
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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.