Nondiscrimination Laws and Employee Protections.  State law prohibits discrimination in Washington public schools 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.

The Office of the Superintendent of Public Instruction (OSPI) must develop rules and guidelines to eliminate prohibited discrimination 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.

A teacher's evaluation may not be negatively impacted if a teacher chooses to use curriculum or instructional materials that address subject matter related to sexual orientation including gender expression or identity so long as the subject matter is age-appropriate and connected to the teacher's content area.

Civics Education. 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, which must include rights and responsibilities of citizens addressed in the Washington State and United States Constitutions.

State law requires Temperance and Good Citizenship Day to be observed in public schools on January 16th or the preceding Friday. On this day, social studies teachers must, as resources allow, coordinate a voter registration event for high school seniors.

Existing Complaint Procedures.  Current state law includes certain complaint procedures regarding issues related to:

• school safety and security staff;
• instructional materials used by school districts;
• physical abuse or sexual misconduct by a certificated employee;
• harassment, intimidation, or bullying; and
• discrimination. 

Other state and federal agencies also address discrimination complaints, and local school district policies and procedures may also include complaint procedures.

In 2023, OSPI developed model student handbook language that includes information about complaint procedures related to nondiscrimination; information about policies and procedures related to harassment, intimidation, and bullying; and a description of services available through Office of the Education Ombuds (OEO).

By July 1, 2025, OEO must create a simple and uniform access point for the receipt of complaints involving the elementary and secondary school system. 

Basic Education Compliance.  The State Board of Education (SBE) must adopt rules to implement and ensure compliance with basic education requirements and related supplemental program approval requirements as SBE may establish.

School Board Member's Oath of Office and Recall.  Every school director must take an oath or affirmation to support the federal and state constitutions and faithfully discharge the duties of the office according to the best of their ability. 

A voter may demand the recall of an elected public official by preparing a written charge that the official has committed an act of malfeasance, an act of malfeasance while in office, violated the oath of the office, or has been guilty of any two or more acts specified in the constitution as grounds for a recall.

Reporting and Notification of Abuse, Misconduct, and Assault. State law requires a certificated or classified school employee, who has knowledge or reasonable cause to believe that a student has been a victim of physical abuse or sexual misconduct by another school employee, to report such abuse or misconduct to the appropriate school administrator. The school administrator must report to the proper law enforcement agency if the administrator has reasonable cause to believe that the misconduct or abuse has occurred. During the process of making a reasonable cause determination, the school administrator must contact all parties involved in the complaint.

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 provide parents with information regarding their rights under the Public Records Act to request the public records regarding school employee discipline. This information must be provided to all parents on an annual basis.

Policy to Protect Student Safety, Access to a Free Education, and Privacy. It is the policy of the state that school district, charter school, and state tribal education compact school policies and procedures 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, and privacy, to the fullest extent possible, except as required by state or federal law. This policy serves as a supplement to local policies and procedures and must be considered an integral part of those policies and procedures.

OSPI must develop technical assistance and related materials to assist with the implementation of this policy including a summary of:

• the privacy rights of minors; and
• the licensure or other professional requirements for school district employment classifications, if any, relating to protecting student privacy.

OSPI may enforce and obtain compliance with this policy by utilizing a complaint process alleging willfull noncompliance with certain state laws.

Student Rights. Each school district, charter school, and state-tribal education compact school must develop student-focused educational and promotional materials that incorporate a statement of student rights, which must be available on school websites, social media platforms, and other communication channels used by students.

These materials must be incorporated into civics education curricula, and it is encouraged for the statement of student rights to be provided in materials on Temperance and Good Citizenship Day.

The statement of student rights is as follows:

• 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
• includes a non-exhaustive list of nine rights that address various topics including access to a certain learning environment and education programs, exercise of constitutionally protected freedoms, receiving copies of policies and procedures, and access to academic courses and instructional materials with historically and scientifically accurate information that includes the histories, contributions, and perspectives of historically marginalized and underrepresented groups.

The listed rights 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 it intended to have any application to rights established in other provisions of state and federal law. They do not create a private right of action.

Complaint Process for Noncompliance with Certain State Laws. OSPI must establish a process to investigate and address two types of complaints alleging willful noncompliance with state law:

• limited complaints—which impacts one or more individual students; and
• broad complaints—which impacts an entire student body, an entire subgroup of students within a student body, an entire school, or an entire school district.

The purpose of the complaint process is to secure equitable resolutions to complaints related to alleged willful noncompliance with state laws concerning:

• state civil rights and nondiscrimination including antidiscrimination and sexual equality laws and model policy and procedure requirements related to protecting student rights;
• harassment, intimidation, and bullying;
• curriculum requirements, including comprehensive sexual health education and tribal history, and the policies and procedures related to the selection or deletion of instructional materials and the review and removal of supplemental instructional materials;
• the use of restraint or isolation on a student; or
• student discipline.

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 OSPI against a local superintendent, school board, or school board member.  Anyone residing within the boundaries of the school district may file a broad complaint.

Before a person may file a complaint with OSPI, the person must exhaust available complaint procedures. If there are not existing complaint procedures, the person who intends to file the compliant must provide notice of the complaint to the school district superintendent before doing so.

Upon receipt of the complaint, OSPI must make an initial determination as to whether the complaint reasonably contains enough facts to allege noncompliance with state law and other existing complaint procedures have been exhausted. If these requirements are met, OSPI must conduct a full investigation into the allegations in the complaint.

Compliance Action Plans. If OSPI finds noncompliance with state law is not willful, OSPI must provide a first notice stating its determination and identify corrective actions and a timeline to come into compliance. If the school district fails to come into compliance in accordance with the timeline, OSPI must provide a second notice stating that continued failure to comply may result in consequences. The school district must adopt a compliance action plan and submit to OSPI. Before submitting a compliance action plan, the school district board must hold a public meeting to present the proposed plan. 

If OSPI finds willful compliance with state law, a similar process must be followed along with additional public meetings and a requirement to work with impacted communities on the development of the compliance action plan. 

Consequences for Willful Noncompliance with State Law.  OSPI may impose any of the following consequences if the school district has been sent a second notice:

• require the school district to adopt or readopt policies and procedures to come into compliance;
• find that a superintendent committed an act of unprofessional conduct and may be held accountable under rules adopted by the Professional Educator Standards Board; and
• withhold up to 20 percent of state funds for the basic education allocation, with prior written notice, and redirect those funds to support the compliance action plan, as a last resort.

A member of a board of directors may be subject to recall and discharge for willful or negligent noncompliance with state law.

Appeals.  Any party to a complaint may file a notice of appeal with OSPI within 30 days of the final decision.  An administrative law judge of the Office of Administrative Hearings will hear and determine the appeal.  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.

Office of the Superintendent of Public Instruction Rules.  OSPI must adopt rules that ensure due process regarding the complaint process, timelines, compliance action plans, and consequences.  OSPI must consult with SBE to build a connection between the rules adopted and SBE rules on basic education compliance for complaints regarding noncompliance with curriculum requirements. 

OSPI may adopt rules to allow for an expedited process when the complaint relates to an immediate health or safety concern. This complaint process does not restrict any existing authority OSPI has to enforce compliance with state law including health and safety requirements.

Applicability.  The complaint process applies to charter schools and state-tribal education compact schools to the extent they are required to follow the specified state laws.

Notification of Compliant Process.  OEO must include this complaint process in the access point for the receipt of complaints.  OSPI must update existing model student handbook language that includes information about this complaint process.

School Board Member's Oath of Office.  In addition to supporting the federal and state constitutions, the school board member's oath or affirmation must include that they support the laws of the state of Washington.

Employee Protections. School district, charter school, and state-tribal education compact school employees and directors are prohibited from taking adverse employment action for:

• supporting students in the exercise of their legal rights including their right to a learning environment with historically and scientifically accurate information;
• performing work in a manner consistent with certain state laws including nondiscrimination provisions, parental rights, and student rights;
• instructing in a manner consistent with state learning standards; and
• using approved instructional materials that are culturally and experientially representative.

Reporting and Notification of Abuse, Misconduct, and Assault. Changes are made to reporting and notification requirements related to alleged physical or sexual abuse, sexual misconduct, and assault.

School contractors are added to reporting requirements. School districts must immediately, rather than at the first opportunity but within 48 hours, notify the parents or legal guardians of a student alleged to be the victim, target, or recipient of physical or sexual abuse, sexual misconduct, or assault by a school employee or school contractor. 

• 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.
• Replaces provisions related to OSPI enforcement and compliance with this state policy with a complaint process with the following components:
  1. 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;
  2. 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;
  3. 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;
  4. amends the oath that elected or appointed school directors take to include that they must support Washington State laws; and
  5. includes intent language.
• Removes provisions amending requirements regarding school district policies and procedures relating to gender inclusive schools and OSPI adopting rules to ensure compliance with those provisions.
• Revises reporting and notification requirements.
• Makes the following changes regarding the statement of student rights:
  1. 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;
  2. includes a nonexhaustive list of these rights and protections;
  3. adds that this section does not create a private right of action; and
  4. amends the statute requiring a one-half credit stand-alone civics course to include the statement of student rights and corresponding materials.
• Removes provisions amending the rights of parents and legal guardians.

The committee recommended a different version of the bill than what was heard.  PRO:  This bill is student-centered and starts with what students need to feel welcome and belong at school and to make sure their basic needs are met, so they can learn and thrive. Students should be able to be themselves at school and feel safe. Bullies need to be held accountable. Students have a right to an inclusive school environment and information that is historically and scientifically accurate, and this right can coexist with parental rights. This bill does not take rights away from parents; it clarifies the rights and responsibilities of parents and students and balances these rights. This bill is all-encompassing to make sure the entire school system supports students no matter how they come to school.

Students should be able to explore their gender identity at school before coming out to their family. Not all students have a safe home. Younger students do not have issues with comprehending gender identity differences, and students have led the way to changes such as the use of pronouns and sports. God loves and has created trans children. LGBTQ students are especially at risk. This bill helps ensure trans children will be in safe and affirming learning environments, and trans children do not cause harm in locker rooms and bathrooms. If students experience harassment and bullying at school, they feel isolated and will have poor mental health outcomes. Teachers could become targets of administrators and school boards if they support students and follow the law.

This bill includes protections for school professionals. The federal government is systematically erasing history including the civil rights movement. The initiative to the Legislature has spread disinformation, stoked fear among parents, and caused division between schools and families. School health providers are being demonized. Schools play an important role in helping students access these important services. OSPI believes that parents have the right to partner with educators to make sure that students have the learning opportunities and resources they need. OSPI welcomes the authority, but hopes it never has to use the authority, to enforce the policy while not getting overly involved in local decision-making. Local control does not mean that school boards get to decide which state laws they will follow.

CON: This bill weakens the parental rights that were enacted by the initiative to the Legislature and overrides parental authority.  Parents rights must be honored, and they are the safety net not the enemy. Family is the centerpiece of society. Children need the security of a stable home. Adolescents' brains are not fully developed until age 25. Family relationships should not be damaged by outside institutions.  Severing the parent-child relationship is a decision for the courts. The role of rearing children does not belong to the state. It is a God given right for parents to do what is in the best interest of their children regardless of how schools and lawmakers feel. This bill will negatively impact the relationship between schools and families and trust within the community. Family involvement is vital to student success, and families should not be shut out.

School boards and instructional materials committees need to retain control to select balanced and community-approved materials. This bill denies the freedom of speech and freedom of conscience of teachers.

The terms gender expression and gender identity are homophobic and misogynistic. There are two biological sexes. Gender ideology is not the same as sexual orientation and is pseudo-science. No group should be given special rights at the expense of women and girls. OSPI has told schools not to follow the provisions of the initiative, which is in violation of Title IX and certain court orders and puts federal funding at risk. Much of this bill is contrary to federal regulations. This bill removes key parental rights especially regarding students' health. School-based health centers are too convenient and can bypass parental notification. Information should not be withheld from families. This bill goes against the will of the citizens and disregards the democratic process.

PRO: Representative Monica Jurado Stonier, Prime Sponsor; Emily Carmichael; Nasue Nishida, Washington Education Association; Danni Askini, Gender Justice League; Catherine Holm, Washington School Counselor Association; Nicole Kern, Planned Parenthood Alliance Advocates; Courtney Normand, Planned Parenthood Alliance Advocates; Bailey Medilo, The Washington Bus; Jerrett Burk; Tim Voie, WEA Chinook Council; Tyler Crone; Albert Johnson; Margaret Albaugh; Katherine Fromherz; Elizabeth Hendren, Sexual Violence Law Center; Aidan Key, Gender Diversity; Siobhana McEwen, Southwest Washington Equity Coalition; Misha Cherniske, Office of Superintendent of Public Instruction (OSPI).

PRO: Maggie Anderson; Linden Jordan, PFLAG Skagit; Jenna Comstock, QLAW Association; Adrianna Suluai; Samantha Fogg, Seattle Council PTSA Co-President; Emma Kohl; Amasai Jeke, UTOPIA Washington; Amelia Fruzzetti; Madeline Brown; Amy Cannava, Washington State Association of School Psychologists; Kathryn Salveson, Washington State Association of School Psychologists; April Eslami; Michelle Harris.