wa-law.org > bill > 2025-26 > HB 1296 > Engrossed Substitute
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. This policy serves as a supplement to school district policies and procedures established under this title, both before and after the effective date of this section, and must be considered an integral part of those policies and procedures.
The office of the superintendent of public instruction shall develop technical assistance and related materials to assist school districts with the implementation of subsection (1) of this section. The assistance and related materials must include a summary of: The privacy rights of minors; and the licensure or other professional requirements for school district employment classifications, if any, related to protecting student privacy.
The office of the superintendent of public instruction shall enforce and obtain compliance with subsection (1) of this section by appropriate order made under chapter 34.05 RCW. Example sanctions that may be included on the order are as follows: Termination or withholding of all or part of state apportionment or categorical moneys to the offending school district, termination of specified programs in which violations may be flagrant within the offending school district, institution of corrective action, and the placement of the offending school district on probation with appropriate sanctions until compliance is achieved.
[Empty]
Prior to taking enforcement action under subsection (3) of this section, the office of the superintendent of public instruction shall provide the school district with a first notice stating its determination of noncompliance and identifying corrective actions and a timeline that the school district may take to comply with subsection (1) of this section. If the school district fails to comply with the first notice within the prescribed time period, the superintendent of public instruction shall provide the school district with a second notice stating that failure to comply with corrective actions to obtain compliance with subsection (1) of this section may result in sanctions. If, after the second notice, the school district fails to comply, the superintendent of public instruction may enforce sanctions against the school district until compliance with subsection (1) of this section is achieved;
At any point while obtaining compliance, and if requested by the school district, the office of the superintendent of public instruction must provide assistance and recommendations for the purpose of supporting a school district's compliance with subsection (1) of this section.
This section governs school operation and management under RCW 28A.710.040 and 28A.715.020, and applies to charter schools established under chapter 28A.710 RCW and state-tribal education compact schools subject to chapter 28A.715 RCW to the same extent as it applies to school districts.
The office of the superintendent of public instruction shall adopt rules as necessary to implement this section.
[Empty]
By January 31, 2026, each school district must adopt or amend if necessary policies and procedures that, at a minimum: Incorporate the office of the superintendent of public instruction's rules and guidelines developed under RCW 28A.642.020 to eliminate discrimination in public schools on the basis of gender expression and gender identity; address the unique challenges and needs faced by transgender students and gender-expansive students in public schools; and describe the application of the model policy and procedure prohibiting harassment, intimidation, and bullying required under RCW 28A.600.477 to transgender students and gender-expansive students.
School districts must share the policies and procedures that meet the requirements of (a) of this subsection with parents or guardians, students, volunteers, and school employees in accordance with rules adopted by the office of the superintendent of public instruction. This requirement as it relates to students, parents, and guardians may be satisfied by using the model student handbook language in RCW 28A.300.286.
[Empty]
(A) Ensure the implementation of the policies and procedures relating to gender inclusive schools that meet the requirements of (a) of this subsection;
(B) Receive copies of all formal and informal complaints relating to transgender students and gender-expansive students;
(C) Communicate with the school district employees responsible for monitoring school district compliance with this chapter, and the primary contact regarding the school district's policy and procedure prohibiting harassment, intimidation, and bullying under RCW 28A.600.477; and
(D) Serve as the primary contact between the school district, the office of the education ombuds, and the office of the superintendent of public instruction on policies and procedures relating to gender inclusive schools that meet the requirements of (a) of this subsection.
ii. The primary contact from each school district must attend at least one training class as provided in RCW 28A.600.477, once this training is available.
iii. The primary contact may also serve as the primary contact regarding the school district's policy and procedure prohibiting harassment, intimidation, and bullying under RCW 28A.600.477 and the primary contact regarding school district compliance with nondiscrimination laws under RCW 28A.300.286.
As required by the office of the superintendent of public instruction, each school district must provide to the office of the superintendent of public instruction its policies and procedures relating to gender inclusive schools that meet the requirements of subsection (1)(a) of this section.
[Empty]
b.
The office of the superintendent of public instruction and the Washington state school directors' association must maintain the model policy and procedure relating to gender inclusive schools on each agency's website at no cost to school districts.
[Empty]
By December 31, 2020, the office of the superintendent of public instruction must develop online training materials based on the model policy and procedure relating to gender inclusive schools described in subsection (3) of this section and the office of the superintendent of public instruction's rules and guidance as provided under this chapter. The online training materials must be available to all school staff.
The online training materials must describe the role of school district primary contacts for monitoring school district compliance with this chapter prohibiting discrimination in public schools, RCW 28A.600.477 related to the policies and procedures prohibiting harassment, intimidation, and bullying, and this section related to policies and procedures relating to gender inclusive schools.
The online training materials must also: Include best practices for policy and procedure implementation and cultural change that are guided by school district experiences; and be periodically revised as necessary.
The office of the superintendent of public instruction must annually notify school districts of the availability of the online training materials.
The superintendent of public instruction shall develop and periodically revise rules and guidelines to : Eliminate discrimination prohibited in RCW 28A.642.010 and 28A.320.233 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; and ensure compliance with the requirements of RCW 28A.642.080. The adoption of rules to ensure compliance with the requirements of RCW 28A.642.080 must be completed by December 31, 2025.
For the purposes of this section, "supplemental instructional materials" has the same meaning as in RCW 28A.320.235.
If an employee or contractor of a school district has knowledge or reasonable cause to believe that a student has been a victim, target, or recipient of physical abuse, sexual abuse, sexual misconduct, or assault occurring on school property during the school day, the school district must immediately notify the parents or legal guardians of the student. This requirement applies regardless of whether the alleged perpetrator is a student, school district employee or contractor, volunteer, or any other individual.
School districts shall provide parents and legal guardians with information regarding their rights under the public records act, chapter 42.56 RCW, to request the public records regarding school employee discipline. This information must be provided to all parents and legal guardians on an annual basis.
For purposes of this section, "reasonable cause" has the same meaning as in RCW 26.44.030.
This section governs school operation and management under RCW 28A.710.040 and 28A.715.020, and applies to charter schools established under chapter 28A.710 RCW and state-tribal education compact schools subject to chapter 28A.715 RCW to the same extent it applies to school districts.
A certificated or classified school employee or contractor who has knowledge or reasonable cause to believe that a student has been a victim of physical or sexual abuse , sexual misconduct, or assault by another school employee or contractor, shall report such abuse , misconduct, or assault to the appropriate school administrator. The school administrator shall cause a report to be made to the proper law enforcement agency if he or she has reasonable cause to believe that the sexual misconduct , physical or sexual abuse, or assault has occurred as required under RCW 26.44.030. During the process of making a reasonable cause determination, the school administrator shall contact all parties involved in the complaint.
Certificated and classified school employees shall receive training regarding their reporting obligations under state law in their orientation training when hired and then every three years thereafter. The training required under this subsection may be incorporated within existing training programs and related resources.
Nothing in this section changes any of the duties established under RCW 26.44.030.
The legislature finds that public education is a cornerstone of a healthy, diverse, and productive society.
Article IX of the Washington Constitution requires the state to make ample provision for the education of all children residing within its borders. This requirement recognizes that public schools are foundational to our democracy, working in partnership with families and communities to shape the next generation of leaders into respectful and engaged critical thinkers, resulting in economic prosperity and innovation for the state and its residents.
In recognition of the role that public education can play in providing students with information about their rights and about how to employ their rights for the betterment of education and society, the legislature intends to require each school district, charter school, and state-tribal education compact school to develop student-focused educational and promotional materials, for communication and classroom use, that incorporate the statement of student rights established in section 202 of this act.
[Empty]
Each school district, charter school, and state-tribal education compact school shall develop student-focused educational and promotional materials that incorporate the statement of student rights provided by this section. A link to the materials must be made available on school district, charter school, and state-tribal compact school websites, social media platforms, and other communication channels used by students. The materials must also be incorporated into civics education curricula provided to students in accordance with RCW 28A.230.094.
The office of the superintendent of public instruction shall make the statement of student rights available on its website and is encouraged to include the statement in materials provided under RCW 28A.230.150.
The statement of student rights is as follows:
[Empty]
(A) The free exercise of religion;
(B) The freedom of speech;
(C) The right to peaceably assemble;
(D) The right to petition the government for a redress of grievances;
(E) The freedom from unreasonable searches and seizures;
(F) The right to a due process of law;
(G) The right to equal protection of the laws; and
(H) The self-evident truths articulated in the Declaration of Independence that all men are created equal, that they are endowed by their Creator with certain unalienable rights, and that among these are life, liberty, and the pursuit of happiness.
ii. Public school students are subject to numerous privileges and protections derived from federal statutes, examples of which include:
(A) The right to be free from discrimination with regard to accessing education programs and activities offered by a recipient of federal financial assistance;
(B) The right of students with qualifying disabilities to receive special education and related services that address their individual needs; and
(C) The right of students with disabilities to be free from discrimination with regard to accessing education programs and facilities.
b. [Empty]
i. Public school students are subject to the state Constitution and its privileges and protections, including:
(A) The right of petition and peaceable assemblage;
(B) The freedom to speak, write, and publish on all subjects;
(C) The right to not be disturbed in private affairs without authority of law;
(D) The right to absolute freedom of conscience in all matters of religious sentiment, belief, and worship;
(E) The right to attend public schools that are funded in a manner that is consistent with the state's paramount duty of making ample provision for the education of all children residing within its borders;
(F) The right to have schools that are maintained wholly or partially by public funds free from sectarian control or influence;
(G) The right for minors to receive an education while residing in a criminal justice facility;
(H) The right of qualified persons to utilize education facilities and services established and funded for the benefit of persons who are deaf, blind, or both; and
(I) The right of qualified persons to vote at all elections, including elections for school directors, members of the legislature, and the superintendent of public instruction.
ii. Public school students are subject to numerous privileges and protections derived from state statutes, examples of which include:
(A) The right to access, without tuition, a school district's kindergarten through 12th grade basic education program for students of qualifying age;
(B) The right to a basic education that provides students with opportunities to develop the knowledge and skills necessary to meet state-established graduation requirements, which are intended to provide students with the opportunity to graduate with a meaningful diploma that prepares them for postsecondary education, gainful employment, and citizenship;
(C) Due process rights related to disciplinary measures and education access; and
(D) The right to access a learning environment with historically and scientifically accurate information that includes the histories, contributions, and perspectives of historically marginalized and underrepresented groups as provided in RCW 28A.345.130, and provides students with an appreciation for the contributions and perspectives of diverse, global cultures.
The rights identified in this section 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 this section intended to have any application to rights established in other titles or in other provisions of state and federal law.
For purposes of this section, "public schools" has the same meaning as in RCW 28A.150.010.
Sections 201 and 202 of this act may be known and cited as the statement of student rights act.
The legislature finds that: (a) Parents are the primary stakeholders in their children's upbringing; (b) parental involvement is a significant factor in increasing student achievement; and (c) access to student information encourages greater parental involvement.
Parents and legal guardians of children enrolled in public schools as defined in RCW 28A.150.010 have the following rights:
To access their child's classroom and school-sponsored activities to observe in accordance with RCW 28A.605.020 and to examine the curriculum, textbooks, instructional materials, and supplemental instructional materials used in their child's classroom in accordance with policies and procedures;
[Empty]
To inspect and review their child's education records and to request and receive a copy of their child's education records within a reasonable period of time, but not more than 45 days, of submitting a request in accordance with the federal family educational rights and privacy act of 1974, Title 20 U.S.C. Sec. 1232g, as in effect on January 1, 2025, and RCW 28A.605.030.
Parents and legal guardians choosing to inspect and review their child's education records may not be required by a public school to appear in person for the purposes of requesting or validating a request for their child's education records, provided the public school can ascertain the identity of the requestor.
No charge may be imposed on a parent or legal guardian to inspect or review their child's education records or for the costs of searching for or retrieving the education records. Any charges for a copy of such records must be reasonable , not prevent a parent, legal guardian, or eligible child from exercising the right to inspect and review the child's education records, and be set forth in the official policies and procedures of the school district and public school.
iv.
Education records means 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;
v. 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;
vi. Nothing in this section changes the access and disclosure provisions established in chapter 70.02 RCW related to health care information;
c.
To receive immediate notification : That their child is the alleged victim, target, or recipient of physical abuse, sexual abuse, sexual misconduct, or assault occurring on school property during the school day by another student, a school employee or contractor, or any other individual, in accordance with RCW 28A.320.160; that a criminal action has been committed against their child on school property during the school day, including immediate notification if there has been a shooting, or threat of a shooting, on school property; or that their child has been detained based on probable cause of involvement in criminal activity on school property during the school day;
d. To receive immediate notification if a criminal action is alleged to have been committed against their child, including immediate notification if their child is alleged to be the victim, target, or recipient of an allegation of sexual misconduct by a school employee as required by RCW 28A.320.160;
e. To receive immediate notification if law enforcement personnel question their child during a custodial interrogation at the school during the school day, except in cases where the parent or legal guardian has been accused of abusing or neglecting the child;
f. To
not have their child removed from school grounds or buildings during school hours without authorization of a parent or legal guardian according to the provisions in RCW 28A.605.010. Nothing in this section affects the provisions in RCW 74.15.020, 13.32A.082, 26.44.050, or 26.44.115;
g. To have their child receive a public education in a setting in which discrimination on the basis of sex, race, creed, religion, color, national origin, honorably discharged veteran or military status, sexual orientation, gender expression, gender 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 is prohibited under chapters 28A.640 and 28A.642 RCW;
h. In accordance with the protection of pupil rights, Title 20 U.S.C. Sec. 1232h, the right to receive written notice and the option to opt their child out of any
survey, analysis, or evaluation that reveals information concerning:
i. Political affiliations or beliefs of the student or the student's parent or legal guardian;
ii. Mental or psychological problems of the student or the student's family;
iii. Sex behavior and attitudes;
iv. Illegal, antisocial, self-incriminating or demeaning behavior;
v. Critical appraisals of other individuals with whom respondents have close family relationships;
vi. Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
vii. Religious practices, affiliations, or beliefs of the student or student's parent or legal guardian; or
viii. Income, other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program;
i. To receive written notice and have the option to opt their child out of comprehensive sexual health education in accordance with RCW 28A.300.475;
j. To receive from the public school the annual school calendar, no later than 30 days prior to the beginning of the school year, and to be notified in writing as soon as feasible of any revisions to such calendar. Such calendar must be posted to the public school's website and must include, at a minimum, student attendance days and any known event that requires parent, legal guardian, or student attendance outside of normal school days or hours;
k. To receive in writing each year or to view on the public school's website a comprehensive listing of any required fee and its purpose and use and a description of how economic hardships may be
considered in the administration of fees;
l. To receive in writing each year or to view on the public school's website a description of the school's required dress code or uniform established pursuant to the policies established and allowed by RCW 28A.320.140, if applicable, for students;
m. To be informed if their child's academic progress, including the right to receive periodic reports on their child's educational growth and development in accordance with RCW 28A.150.240 and to receive notice of their child's performance on state learning standards tests and assessments in accordance with RCW 28A.230.195, and whether the performance, is such that it could threaten the child's ability to be promoted to the next grade level . A parent or legal guardian also has the right to request an in-person meeting with the child's classroom teacher and principal to discuss any resources or strategies available to support and encourage the child's academic improvement;
n. To file a complaint on behalf of their child under RCW 28A.600.477 relating to harassment, intimidation, and bullying;
o. To have their child qualify for enrollment in a school district if they are transferred to, or pending transfer to, a military installation within the state in accordance with RCW 28A.225.216;
p. To request enrollment for their child in a charter school established under chapter 28A.710 RCW;
q. To have their child qualify without a legal residence for enrollment in a school district in accordance with RCW 28A.225.215;
r. To have their child whose primary language is not English access supplemental instruction and services through the transitional bilingual instruction program in accordance with RCW 28A.150.220;
s. To receive annual notice of the public school's language access policies and services, the parents' rights to free language access services under Title VI of the civil rights act of 1964, 42 U.S.C. Sec. 2000d, et seq., and the contact information for any language access services under RCW 28A.183.040;
t. To request enrollment for their child in a nonresident school district in accordance with RCW 28A.225.220, 28A.225.225, and 28A.225.230;
u. To be notified of unexcused absences and to engage in efforts to eliminate or reduce their child's absences in accordance with RCW 28A.225.015, 28A.225.018, and 28A.225.020;
v. To request, under RCW 28A.155.090, information about special education programs and assistance for their child if their child is eligible for but not receiving special education services, including due to illness;
w. To request an appeal to the superintendent of public instruction under RCW 28A.155.080 if their child with disabilities has been denied the opportunity of a special education program by a school district or public school; and
x. To access special education due process hearings regarding their child as required by RCW 28A.155.020.
Notwithstanding anything to the contrary, a public school shall not be required to release any records or information regarding a student's health care, social work, counseling, or disciplinary records to a parent or legal guardian who is the defendant in a criminal proceeding where the student is the named victim or during the pendency of an investigation of child abuse or neglect conducted by any law enforcement agency or the department of children, youth, and families where the parent or legal guardian is the target of the investigation, unless the parent or legal guardian has obtained a court order.
Nothing in this section creates a private right of action.
School districts mustimmediately notify the parents or legal guardians of a student alleged to be the victim, target, or recipient of an allegation of sexual misconduct by a school employee. School districts shall provide parents and legal guardians with information regarding their rights under the public records act, chapter 42.56 RCW, to request the public records regarding school employee discipline. This information shall be provided to all parents and legal guardians on an annual basis.
School district employees and directors may not take an adverse employment action against any employee of the school district for:
Supporting students in the exercise of their legal rights, including their right to a learning environment with historically and scientifically accurate information that: Includes the histories, contributions, and perspectives of historically marginalized and underrepresented groups as provided in RCW 28A.345.130; and provides students with an appreciation for the contributions and perspectives of diverse, global cultures; or
Performing work in a manner consistent with RCW 28A.642.080, 28A.642.020, and 28A.605.005, and sections 101, 201, and 202 of this act.
In addition to the prohibitions established in subsection (1) of this section, school district employees and directors may not take an adverse employment action against a teacher of the school district for:
Instructing students in a manner consistent with state learning standards; or
Using instructional materials approved in accordance with RCW 28A.320.230 that are culturally and experientially representative, including materials on the study of the role and contributions of individuals or groups that are part of a protected class under RCW 28A.642.010 and 28A.640.010.
For the purposes of this section, an "adverse employment action" includes termination, demotion, suspension, discipline, denial of promotion, reassignment, negatively impacting the evaluation of certificated staff under RCW 28A.405.100, removal from, or denying access to, a supplemental contract, or otherwise taking any negative employment action against the employee.
This section governs school operation and management under RCW 28A.710.040 and 28A.715.020, and applies to charter schools established under chapter 28A.710 RCW and state-tribal education compact schools subject to chapter 28A.715 RCW to the same extent as it applies to school districts.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.