wa-law.org > bill > 2025-26 > HB 2440 > Original Bill
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The education ombuds shall treat as confidential all matters and information received in the course of performing the duties of the office of the education ombuds, including the identifying information of students, complainants, and individuals from whom information is obtained. The education ombuds may disclose information only to the extent disclosure is necessary to perform the duties of the office, as otherwise authorized by this section, or as otherwise required or permitted by applicable state or federal law.
Notwithstanding (a) of this subsection (1), the education ombuds shall maintain the confidentiality of any information received that is confidential or privileged under state or federal law and may not further disclose or disseminate the information except as required or permitted by applicable state or federal law.
Records and files maintained by the education ombuds related to complaints are confidential and are exempt from public disclosure under chapter 42.56 RCW.
Identifying information about students, complainants, and individuals from whom information is obtained in connection with a complaint:
Is not subject to subpoena, discovery, or other compulsory process; and
May not be disclosed to any person or entity except under the following circumstances:
The complainant or the individual whose identifying information is at issue provides written consent to disclosure;
Compliance with a legislative subpoena issued in connection with a legislative investigation into alleged neglect of duty or misconduct by the education ombuds or the office of the education ombuds, provided that the identifying information is necessary to the investigation; or
Compliance with a request from the governor made in connection with an inquiry into alleged neglect of duty or misconduct by the education ombuds or office of the education ombuds, provided that the identifying information is necessary to the inquiry.
Upon written request, the education ombuds shall provide a complainant access to the complainant's own complaint and other records maintained by the office of the education ombuds that both contain the complainant's identifying information and relate to the complaint.
Before providing access under this subsection (3), the education ombuds shall redact: (i) Identifying information of any other individual; and (ii) information that is confidential or privileged under state or federal law.
A written request under this subsection (3) does not constitute written consent to disclose under subsection (2)(b) of this section nor does it make the records subject to disclosure under chapter 42.56 RCW.
Nothing in this section may be construed to prohibit the education ombuds from disclosing deidentified data, without written consent, to the education data center established under RCW 43.41.400, consistent with applicable security and confidentiality requirements.
For purposes of this section, "identifying information" means information that, alone or in combination, is linked or reasonably linkable to a specific individual associated with the complaint or the underlying incident, and that would permit a reasonable person in the school community, who lacks personal knowledge of the relevant circumstances, to identify the individual.