Washington state judge dismisses challenge to Parents’ Bill of Rights; legislators set to consider bill that would rewrite it


King County Superior Court Judge Michael Scott in Washington allowed the state Parents’ Bill of Rights to take full effect on Jan. 27, dismissing a lawsuit against the 2024 Initiative 2081 that enacted the Bill of Rights.

Judge Scott had temporarily blocked portions of the statute on Jun. 21, 2024, that required school districts to turn student records, including medical and mental health counseling records, over to parents within 10 days of a request.

Initiative 2081 took effect on Jun. 6, 2024, and included provisions providing the following parental rights in addition to the 10-day records release requirement that had been blocked until Judge Scott’s Jan. 27 ruling:

  • to review textbooks, curriculum, and supplemental materials used in their child’s classroom;
  • receive prior notification of medical services offered to their child, except in emergencies;
  • to be informed about any medical services or medications provided to their child with potential financial impact;
  • to be notified of medical treatment arranged by the school resulting in follow-up care beyond normal hours;
  • be notified of criminal actions involving or committed by their child;
  • be notified if law enforcement questions their child, except in cases of parental abuse or neglect accusations;
  • be notified if their child is taken from school without parental permission;
  • to be assured that the school will not discriminate against their child based on sincerely held religious beliefs;
  • to opt-out students from certain surveys, assignments, and instructional topics, including those related to sexuality;
  • to receive the annual school calendar and be notified of any revisions; and
  • to receive information on required fees, dress code, and academic performance threatening promotion.

On Jan. 14, Democrats in the House introduced HB 1296, which would undo or rewrite provisions from the Parents’ Bill of Rights enacted through Initiative 2081 including the blocked provision regarding parental access to records. Among other provisions, the bill would officially state, “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 a free public education, and privacy, to the fullest extent possible, except as required by state or federal law.” The bill was introduced on Jan. 14.

The text of HB 1296 states it is related to “promoting a safe and supportive school system by addressing student rights, parental/guardian rights, employee protections, and requirements for state and local school districts.” In a public hearing on HB 1296, Albert Johnson, a high school senior, said in support of HB 1296, “I came out to my friends and advisors at school, a year before I came out to my parents. I wanted to take time to explore myself and my identity, an experience every trans person deserves to have.”

Rep. Travis Couture (R), a member of the Washington House Education Committee said, referring to the legislature’s approval of Initiative 2081, which kept it from going to voters, “At the end of the day, they can pass this bill [HB 1296], and the whole thing goes away, and that was their plan all along. Pass it off the floor so it didn’t hurt them at the ballot and they could come back and erase it later.” Couture also said, “What gives a school or teacher the right to hide anything they want, including critical information about my kids from me, their parent?”

Washington has a Democratic trifecta, with Democrats controlling both chambers of the legislature and the office of the governor.

Washington is one of 24 states that has a parents’ bill of rights.

Parents’ Bills of Rights, such as Initiative 2081, directly affect the policy-making authority of local school boards by adding requirements or limitations on the policies school boards can pass. Ballotpedia tracks the authority of local school districts across the 50 states, including how many states have Parents’ Bills of Rights and how they can constrain local school boards’ policy-making authority. Read more about the project here.

Background:

Initiative 2081 was an Initiative to the Legislature, which is Washington’s name for an indirect initiated state statute.

While a direct initiative is placed on the ballot once supporters file the required number of valid signatures, an indirect initiative is first presented to the state legislature. Legislators have a certain number of days, depending on the state, to adopt the initiative into law. Should legislators take no action or reject the initiative, the initiative is put on the ballot for voters to decide. Washington is one of nine states that have an indirect citizen initiative process. Washington also has a direct initiated state statute process called Initiative to the People.

Washington Senators approved Initiative 2081 unanimously, and it passed the Washington House of Representatives 82-15, with the 15 opposing votes coming from Democrats. Since the Legislature approved the initiative, it did not show up on the ballot during the Nov. 5, 2024, general election. A citizen’s initiative does not need the governor’s signature and became law 90 days after it was approved.

The ACLU of Washington, Legal Voice, and QLaw filed the lawsuit against Initiative 2081 on behalf of plaintiffs that included South Whidbey School District and several individuals and nonprofit organizations. The lawsuit argued that it violated the Washington Constitution because it did not “disclose how it revises and affects existing laws.” Those behind the lawsuit also argued that the initiative would hurt certain students by removing privacy protections for LGBTQ+ students, among others, and would be an impediment to students seeking medical and mental health services.

Silent Majority Foundation intervened in the court case to defend Initiative 2081 on behalf of Let’s Go Washington, Informed Choice Washington, and One Washington, groups that supported the Initiative 2081. Silent Majority Foundation wrote in its court filings, “Plaintiffs ostensibly mount this challenge under Wash. Const. art. II, § 37, but it is really a guise for mere policy argument.” Silent Majority Foundation also wrote, “Protection of fundamental familial relationships is a policy that predates the legislature getting around to recognizing it. The Washington Supreme Court ‘has been zealous in its protection of familial relationships.’”

The active official policies of South Whidbey School District (Code 3211 – Procedure – Gender-Inclusive Schools), a plaintiff in the lawsuit, state, “Before communicating with parents of transgender or gender expansive students, it’s important to ask the student how school employees should refer to the student when talking with their parents and guardians. For families who are supportive, using the student’s name and pronoun could be affirming for the student. For parents who are not supportive, or who are not aware of the student’s transition at school, referring to their name and pronoun could be very dangerous. The district will not condone the intentional or persistent refusal to respect a student’s gender identity or gender expression, or inappropriate release of information regarding a student’s transgender or gender-expansive status. […] Information about a student’s gender identity, legal name, or assigned sex at birth may constitute confidential medical or educational information. Disclosing this information to other students, their parents, or other third parties may violate privacy laws, such as the federal Family Education Rights and Privacy Act (FERPA) (20 U.S.C. §1232; 34 C.F.R. Part 99). Therefore, to ensure the safety and well-being of the student, school employees should not disclose a student’s transgender or gender-expansive status to others, including the student’s parents and/or other school personnel, unless the school is (1) legally required to do so or (2) the student has authorized such disclosure.”

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