What is WA’s parental ‘bill of rights’? And how are Democrats seeking to change it?
Legislation to update last year’s parental “bill of rights” initiative is heading to the Washington state House of Representatives amid a host of disagreements over what the changes will mean for families and schools.
Republicans and those who helped get Initiative 2081 to lawmakers last spring say this year’s proposal will roll back the rights granted to parents in the initiative. Democrats say Senate Bill 5181 cleans up wording in the initiative to align with state and federal law.
When it passed out of the Senate on party lines last week, Democrats called it a “cleanup bill.” But during debate, Republican senators said it would overhaul the initiative, which hundreds of thousands of voters signed on in support of in 2023.
It’s unclear when the House will take up the debate, but it likely won’t be before a March deadline for moving bills out of the chamber where they were introduced.
The initiative was one of three passed by the Legislature in March. Clashes over the policy reflect a national debate over the rights of parents to know about their children’s access to information and services related to gender and transgender issues, sexuality and race.
Those in the parental rights camp say parents should be aware if their children are asking for medical or mental health treatment. Those wary of policies like Washington’s initiative worry that protections for LGBTQ+ students and other vulnerable young people could be eroded.
As it’s been implemented over the last year, the Office of Superintendent of Public Instruction said it has received many questions from school districts, parents and students about confusion in accessing school records and definitions around notification requirements.
Here’s a look at what’s in law from last year’s initiative and what could change if this year’s proposal passes the Legislature.
School materials
The initiative requires schools to give parents access to their child’s textbooks, curriculum and medical records within 10 business days of a request.
Parents also have the right to records related to their child’s testing, job counseling, discipline, attendance and any special education screening. And they get access to the school’s calendar, fees, dress code requirements and information on overall academic performance.
Most of this is unchanged in the bill being debated this session.
However, under the new bill, school districts must give parents’ records within “a reasonable period of time, but not more than 45 days, of submitting a request.” That language aligns with the federal Family Educational Rights and Privacy Act. It differs from the 10-day requirement in the initiative.
Medical and mental health information
The initiative guarantees parents access to “medical or health records” and “records of any mental health counseling.”
The Senate bill says they have a right to “education records” — a term not used in the initiative. That’s defined as records directly related to a student, including identifying data, attendance, evaluative tests, disciplinary status and test protocols.
Medical and mental health records are not included in the definition in the new bill, though the legislation says that parents still have access to those records under other state laws.
A King County judge temporarily blocked the medical and mental health records piece from going into effect with the rest of the law last June in response to a lawsuit. But the court dismissed that lawsuit last month, allowing all pieces of the initiative to take effect.
Medical treatment and services
Under the initiative, parents have a right to receive prior notification when medical services are offered or provided to their child. If a child receives medical treatment that requires follow-up care beyond school hours, parents must also be notified.
That access is removed under Senate Bill 5181.
Democrats say some of those rights are still included in other state and federal laws but students do have privacy rights when it comes to their health care. For example, a 1985 law gives children 13 years or older the right to mental health treatment without parental consent.
Republican critics of the new legislation argue that the definition of mental health care has expanded over the past 40 years to include gender-affirming care, psychiatric medications and other health services that parents should know about.
A school district cannot release any medical or mental health records to a parent if that parent is being investigated for child abuse or neglect, according to both the initiative and the new law.
Crime notification
The initiative outlines rights that parents have if a crime has been committed against, or by, their child. If their child is involved in a crime, a school district must give a parent “immediate notification.” It also says a school district has to notify parents immediately if a child has been questioned by law enforcement or if they have been taken off campus without parental permission.
Much of that language remains in the current version of Senate Bill 5181. An earlier version would have changed the notification requirement to be “at the first opportunity, but in all cases within 48 hours.” This language was pulled before the bill passed out of the Senate.
Opting out of assignments
Under the initiative, parents have the opportunity to opt their child out of assignments and other activities involving questions about the student’s sexual experiences or religious beliefs.
The Senate bill keeps that right but adds to it, giving parents the ability to also opt out of any evaluation that reveals information about political beliefs, mental health problems of the student or their family, illegal or self-incriminating behavior, or income.
Parents have the right to opt out of comprehensive sexual health education under both the initiative and the new bill.
Small but meaningful changes
The Senate bill removes the right of parents to sue a school district if they violate the parental rights law.
It also adds an “emergency clause,” which means the bill will take effect immediately upon the governor’s signature and removes the ability of voters to amend the law through a referendum.
Other clarifications and some additions
Most of the other changes in the new bill are clarifications.
For example, the initiative says all parents and legal guardians of public school children younger than 18 have the rights listed in the bill. The bill updates that language to remove the 18-year-old age limit. Students in special education are eligible to stay in public school until they are 22, and supporters of the bill argue that under the initiative, those parents would not have access to information about their students once they turn 18.
The Senate bill also outlines rights not listed in the initiative. Parents have the right to file a complaint related to harassment, to access translated materials, to be notified of unexcused absences, to receive information about special education programs, and to request an appeal if their child is denied access to special education.