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 and other student-related topics.

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. School districts that operate a high school must provide a mandatory one-half credit stand-alone course in civics, including the 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; 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.

Parent and Legal Guardian Rights. In 2024, an initiative to the Legislature was enacted that declared 15 rights of parents and legal guardians (parents) of children enrolled in public school. These rights include rights to receive or be notified of academic, medical, safety, and law enforcement matters, rights to access certain materials and records, and rights to opt their children out of certain activities.

Records. 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.

Under state law, the parent of a student has the right to review all education records of the student, which are academic, attendance, and disciplinary records. 

Medical Services and Treatment. Parents have the following rights related to medical services and treatment:

• 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;
• 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; and
• 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.

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.

Under state law, there is a general requirement that licensed overnight youth shelters, homeless service providers, and host homes notify parents within 72 hours of a child's entry. If there are compelling reasons not to notify the parent, the shelter or organization must notify the Department of Children, Youth, and Families instead of the parent.

State law allows law enforcement and child protective services to take a child into custody without a court order during child abuse or neglect investigations, but must leave a written statement with a parent or in the residence of the parent.

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:

• the child's sexual experiences or attractions;
• the child's family beliefs, morality, religion, or political affiliations;
• any mental health or psychological problems of the child or a family member; and
• all surveys, analyses, and evaluations subject to areas covered by the Protection of Pupil Rights Amendment (PPRA).

The federal 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:

• political affiliations;
• mental and psychological problems potentially embarrassing to the student or the student's family;
• sex behavior and attitudes;
• illegal, anti-social, self-incriminating, and demeaning behavior;
• critical appraisals of other individuals with whom the student has close family relationships;
• legally recognized privileged and analogous relationships, such as those of lawyers, physicians, and ministers; or
• income, other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under a program.

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.

State Policy. 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 using a complaint process to the extent there is a valid complaint and subsequent finding of willful 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.

OSPI must make the statement of student rights available, which 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 and protections 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 available 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
• as a last resort, withhold and redirect up to 20 percent of state funds for the basic education allocation to support the compliance action plan until OSPI finds that there is compliance.

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.

Parent and Legal Guardian Rights. Modifications are made to the rights of parents of children enrolled in public school. 

Records. The term public school record is changed to education record. Parents have a right to inspect and review, and request and receive their child's education records within a reasonable period of time but not more than 45 days, instead of ten days, in accordance with FERPA.

Parents choosing to inspect and review their child's education records may not be required to appear in person to make the request, provided that the public school can ascertain the identity of the requestor.

No charge may be imposed to inspect or review education records or for the costs of searching for or retrieving the education records. Any charges for copies must be reasonable and not prevent a parent, legal guardian, or eligible child from exercising the right to inspect and review the education records. References to electronic records are removed.

Education records are defined as those official records, files, and data directly related to a student and maintained by the public school including, but not limited to, records encompassing all the material kept in the child's cumulative folder, such as general identifying data, records of attendance and of academic work completed; records of achievement and results of evaluative tests; disciplinary status; test protocols; and individualized education programs.

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. Nothing changes the access and disclosure provisions established in state law related to health care information.

The types of documents not required to be released when a parent is being investigated for child abuse or neglect is expanded to include social work and disciplinary records. This provision is also expanded to include when a parent or legal guardian is the defendant in a criminal proceeding where the student is the named victim.

Medical Services and Treatment. The rights related to notification of medical services and treatment are removed.

Criminal Action and Law Enforcement. The right to receive immediate notification if a criminal action is deemed to have been committed against their child or by their child is revised. It specifies that immediate notification occurs upon receipt of a report that a criminal action is alleged to have been committed against their child on school property during the school day or during a school sponsored activity, including immediate notification if there has been a shooting on school property, or their child has been detained based on probable cause of involvement in criminal activity on school property during the school day.

There is also a right to receive immediate notification upon receipt of a report that their child is alleged to be the victim, target, or recipient of physical or sexual abuse, sexual misconduct, or assault by a school employee or school contractor.

The right to receive immediate notification that law enforcement personnel questions their child is revised to apply when the questioning is during a custodial interrogation at the school during the school day.

Removal from Campus. The right related to notification if their child is taken or removed from the public school campus is revised. Parents have the right to not have their child removed from school grounds or buildings during school hours without authorization of the parent according to state law. Nothing affects the provisions in state law related to host homes, youth shelters, and children being taken into custody related to abuse or neglect allegations.

Notice of Opt Out. The types of activities that prompt the right to receive notice and the option to opt out are revised and align with the PPRA. A reference to comprehensive sexual health education is added.

Other Rights. The following rights are modified:

• access to materials—revises the right to access materials to cross-reference existing state law and adds language aligning with state law;
• nondiscrimination—provides that parents have the right to have their children receive a public education in a setting in which discrimination on the basis of any of the protected classes under state law is prohibited;
• school calendar—specifies that the right related to the annual school calendar must include any known events that require parent or student attendance outside of normal school days or hours;
• required fees—specifies that the right to receive in writing a comprehensive listing of any required fee must include a description of how economic hardships may be considered in the administration of fees; and
• academic performance—revises the right to be informed of their child's academic performance to add cross references to existing state law.

Additional Rights. Eleven rights are added and include cross references to existing state law for each. These rights address various topics including complaint procedures, school enrollment, language access, notification of absences, and special education.

Liability. These rights do not create a private right of action.

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, and the requirements are applied to charter schools and state-tribal education compact schools.

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. 

• Restores provisions from the underlying House Bill that amend the rights of parents and legal guardians with the following revisions to these rights:
  1. to receive immediate notification upon receipt of a report that a criminal action is alleged to have been committed against their child on school property during the school day or during a school sponsored activity, including immediate notification if there has been a shooting on school property, or their child has been detained based on probable cause of involvement in criminal activity on school property during the school day; and
  2. to receive immediate notification upon receipt of a report that their child is alleged to be the victim, target, or recipient of physical or sexual abuse, sexual misconduct, or assault by a school employee or school contractor as required by state law.
• Restores the provision from the underlying House Bill requiring immediate notification when there is an allegation of abuse, misconduct, or assault by a school employee or school contractor to charter schools and state-tribal education compact schools.
• Modifies language for consistency and clarity.

• 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 non-exhaustive 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.

The committee recommended a different version of the bill than what was heard. PRO: LGBTQ+ students report being bullied at school on an ongoing basis. Minors being outed to their parents puts them at risk. One youth suicide is said to cost $18 million over time and the minimal cost of this bill pales in comparison to the cost of even one suicide per year. This bill provides clarity and responsibility for school districts and OSPI to ensure schools are a safe and welcoming place for all children. Most of the costs for the bill reflect SB 5169 which has already been passed out of this chamber and was added to this bill in the policy committee. This bill helps ensure the safety of all of our school children. Not all children can be themselves at home and if information about who they are at school gets to their parents they could be at risk of violence. All people should have the freedom to explore their own identity without being judged by those closest to them. Introducing a student bill of rights within this document is a no-brainer. This is something that should already be happening in Washington. This bill would utilize staff to make a large difference in children's lives. This bill reinstates protections for kids and protects educators from retaliation. This bill is fiscally responsible and prevents far greater costs.

CON: Section 105 does not mention contacting parents which proves the mistrust of voters and may lead to lawsuits. This bill removes many of the provisions in initiative 2081 including the ability of parents to check their kid's medical records and treats youth under the age of 18 as mature minors. There is already a court case which determined that youth's ability to understand health care standards is insufficient to make health care decisions. This bill would gut the parent's bill of rights. Kids do not have a fully developed brain which is why it's important that the state does not get in the way of parents protecting and nurturing their parents. This bill gets in the way of parents. This state has a history of providing parental rights. Parents have the fundamental rights to be the primary determiners on their children's upbringing.

OTHER: Remove sections 102 and 103 from this bill as it was passed by the house. Changing language to refer to gender-diverse students as opposed to transgender students is important to many students.

PRO: EUNICE Ingermanson; Ingrid Sorensen, No; Jon Hegwood; Amy Cannava, Washington State Association of School Psychologists; Eleanor Nguyen, Not official representative, but coming from Lake Washington High School AP Government class; Amasai Jeke, UTOPIA WA; Jenny Plaja, Office of Superintendent of Public Instruction (OSPI).

PRO: Pat Taylor; LINDEN JORDAN, PFLAG Skagit; Lisa Matthews; Randi Miller; Susan Tuzzolino; Marlene Meyer.