Policy and Procedures.  In 2020, school districts were required to adopt or amend if necessary policies and procedures that, at a minimum, incorporate all the elements of the model transgender student policy and procedures developed by the Washington State School Directors' Association (WSSDA) in collaboration with the Office of the Superintendent of Public Instruction (OSPI). 

The elements of the model policy and procedure must, at a minimum: 

• incorporate OSPI's rules and guidelines to eliminate discrimination in Washington public schools on the basis of gender expression and gender identity; 
• address the unique challenges and needs faced by transgender students in public schools; and
• describe the application of the model policy and procedure prohibiting harassment, intimidation, and bullying to transgender students.

Employee Protections.  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.

Nondiscrimination Laws.  State law prohibits discrimination in Washington public schools on the basis of 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.

Charter schools must comply with nondiscrimination laws applicable to school districts and to the same extent as school districts, including state law related to discrimination prohibition, sexual equality, transitional bilingual instruction program, and special education.  State-tribal education compact schools must also comply with nondiscrimination laws.

Policy and Procedures. References to the transgender student policy and procedure are changed to the policy and procedures relating to gender inclusive schools.

The elements of the WSSDA model policy and procedure relating to gender inclusive schools must include the following specific components:

• students have the right to be referred to by their preferred name and pronouns at school;
• students have the right to participate in school-sponsored athletics or activities, or both, in a manner consistent with their gender expression or gender identity;
• students have the right to use the restroom that corresponds to their gender expression or gender identity;
• students have the right to dress in a manner consistent with their gender expression or gender identity within the constraints of the dress codes or uniform established pursuant to the policies established and allowed by state law and within the constraints of school district guidelines for dress as they relate to health and safety issues; and
• personnel employed by or contracted with a school district or educational service district must not disclose any information related to a student's sexual orientation, gender expression, or gender identity to any person without the student's consent.

School districts must develop procedures consistent with OSPI procedures to avoid inadvertent disclosure of student's sexual orientation, gender expression, or gender identity to other students, their parents, educational staff, or other third parties without the student's consent.

At the next regularly scheduled meeting of each school district board of directors, school districts must amend if necessary policies and procedures that meet all these requirements.

Employee Protections.  Personnel employed by or contracted with a school district, educational service district, charter school, or state-tribal education compact school must not in any manner retaliate or take adverse action against any employee on the basis that the employee:

• supported a student in the exercise of rights provided under state nondiscrimination laws;
• performed work activities in a manner consistent with the policy and procedures relating to gender inclusive schools; or
• used curriculum or instructional materials that address subject matter related to sexual orientation, gender expression, or gender identity in accordance with state law.

Personnel may not be required to disclose any information related to a student's sexual orientation, gender expression, or gender identity to any person without the student's consent.

Nondiscrimination Laws.  Examples of nondiscrimination laws that state-tribal education compact schools must comply with are provided, similar to charter schools.