Gov. Bob Ferguson hands over one of the pens he used to sign House Bill 1296, the ‘students bill of rights’ to a child who attended the bill signing. (Photo by Jacquelyn Jimenez Romero/Washington State Standard)
The parental “bill of rights” overhaul, one of the most divisive bills approved during this year’s Washington state legislative session, was signed by Gov. Bob Ferguson on Tuesday.
The legislation stems from Initiative 2081, a citizen initiative lawmakers approved last year that granted certain rights to the parents of public school students under age 18. It allowed parents to easily access school materials, their child’s medical records, and promised immediate notification if a child is involved in a crime.
Democrats said they would write a “clean-up bill” if the initiative clashed with other state and federal laws. But Republicans said the law signed Monday goes much further and undermines the initiative, which hundreds of thousands of voters signed on in support of in 2023.
The law contains an emergency clause. This will allow it to take effect immediately, and it eliminates the possibility of a referendum that would give voters a chance to weigh in on the law. Democratic lawmakers have said the emergency clause would help provide schools more clarity right away. Republicans criticize it as a ploy to block any referendum effort.
Meanwhile, some opponents are already saying they will seek alternative paths to a repeal.
Along with parental rights, students’ rights are included, such as the right to receive an education in a safe and supportive learning environment, free of harassment and bullying. The law also makes clear that students are free to exercise constitutionally protected rights at school.
Rep. Monica Stonier, D-Vancouver, the lead sponsor of House Bill 1296, said students deserve to have a diverse curriculum that reflects the true history and experiences of people, to be able to experience a school system without discrimination, and that student rights can coexist with parental rights.
Ferguson echoed that view during the bill signing. “The top priority for our schools must be to ensure a safe learning environment where every student has a chance to thrive,” he said.
Parts of the earlier parents’ rights initiative, such as allowing parents to review school curriculum and textbooks, and requiring school districts to “immediately” notify parents if a student is a victim of abuse, sexual misconduct, or assault, were kept in the rewrite.
A significant change from the initiative was the removal of access to medical records. Democrats have said separating educational and medical records was necessary to prevent confusion. 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.
New parental rights would also be added, including ones for parents to be notified of their child’s unexcused absences and to engage in efforts to reduce those absences and to request information about special education programs and determine eligibility.
Throughout the session, debates related to the legislation flared over gender inclusivity and diversity, equity and inclusion. Republicans introduced several unsuccessful amendments to prevent transgender girls from participating in girls’ sports and entering girls’ locker rooms.
The law also adds ethnicity, homelessness, immigration or citizenship status, and neurodivergence as protected classes and clarifies protections for sexual orientation, gender expression and gender identity.
A new complaint process is established as well. This directs the Office of Superintendent of Public Instruction to investigate complaints if schools fail to comply with state laws in areas like civil rights, nondiscrimination, harassment, and the physical restraint or isolation of students.
In cases where districts are found to be willfully disobeying state law, they could see 20% of their state funds withheld and redirected to resolving the issues identified by the state. This option is intended as a last resort. Even so, Republicans view it as too punitive and claim it takes away local control.
Let’s Go Washington, the group behind Initiative 2081, plans to mount a repeal effort against the new law, according to Hallie Balch, a spokesperson for the group. Balch did not specify whether this might involve a ballot initiative or a new initiative to the Legislature.
Unlike a referendum, both of those options would be open to the group. But they would require the collection of nearly 400,000 signatures. The deadline to file initiatives, including required signatures, for the 2025 general election ballot is July 3. Initiatives to the Legislature, for next year’s session, can be filed until Jan. 2, 2026.