Bill Limiting Parental Rights Passes State Senate

The Washington State Senate passed SB 5181 last week. The bill curtails parental rights passed less than 12 months ago in the same chamber.

Initiative 2081, which passed last year, expanded parental rights by acknowledging parents as the “primary stakeholders in their children’s upbringing.” It gave parents the right to request their child’s school records without having to appear in person and mandated schools inform parents prior to any medical services or treatment offered to their child, within or outside of school grounds, except in the case of an emergency, in which case the parent or legal guardian must be notified “as soon as practicable after treatment is rendered.”

The initiative also:

• Required schools to offer a meeting between parents and the child’s classroom teacher and principal when a child’s promotion to the next grade level is at risk.

• Reinforced parents’ rights to opt out of “surveys, assignments, questionnaires, role-playing activities, recordings of their child, or other student engagements” that include questions about a child’s sexual preferences; family beliefs, morality, religion or political affiliations; and any mental health or psychological problems relating to the child or a family member.

• Reaffirmed the school’s responsibility to provide written notice to parents and parents’ right to “opt their child out of instruction on topics associated with sexual activity.”

• Required notifying the parent or legal guardian if their child is taken off school grounds, such as to a youth shelter or host home

• Required notifying the parent or legal guardian if their child is involved with law enforcement, except in cases of abuse or neglect by the parent or legal guardian

• Explicitly protected a child’s “sincerely held religious beliefs” from discrimination.

Initiative 2081 passed 49-0 in the Senate and 82-15 in the House with bipartisan support.

Almost immediately, State Superintendent Christ Reykdahl directed all 295 school districts in the state to ignore the part of the law having to do with disclosure of medical and mental health records due to conflict with federal privacy laws such as Federal Education Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act (HIPAA).

Ten plaintiffs, represented by the ACLU of Washington, Legal Voice, and QLaw, filed a lawsuit to block parents’ expanded access to student records and requirement for parental notification when their children are provided or referred to a health care provider. Plaintiffs argued this would interfere with students’ rights to safety and confidentiality on topics such as sexuality and mental health.

The plaintiffs also objected to notifying parents when school topics broached “family beliefs, morality, religion, or political affiliations” and “sexual activity.” The plaintiffs objected to allowing parents to withdraw their children from these activities on the grounds that, according to Legal Voice, “These changes will make it hard to talk about race, gender, sexual orientation, and many other topics. We know these conversations help make school a more welcoming place for Washington’s diverse communities.” 

On June 24, King County Judge Michael R. Scott issued a preliminary injunction in favor of the plaintiffs on two elements of the initiative: schools did not have to provide a student’s records to parents within 10 days and did not have to provide medical, health, or mental health records.

On Jan. 24, Judge Scott ruled in favor of the initiative, stating, in part, “the Court concludes that there are no genuine issues of material fact in dispute as to the facial constitutionality of RCW 28A.605.005, also known as Initiative 2081….”

On Jan. 8, SB 5181 was introduced under the premise that Initiative 2081 needed to be amended “to bring it into alignment with existing law.” It curtails Parent’s Bill of Rights by modifying the following:

• Replaces the requirement for parents to receive their child’s records within 10 days to “within a reasonable period of time, but not more than 45 days” from the date of the request.

• Adds a provision that schools can not require parents and legal guardians to appear in person to request their child’s education records “provided the public school can ascertain the identity of the requestor”

• Eliminates the right of parents to be notified about medical services or treatment offered to their child.

• “Public school record” is changed to “education record,” which excludes records not in a student’s official file.

• Parental notification of a child’s contact with law enforcement is required only if it occurs at school during the school day.

• Protection of sincerely-held religious beliefs is replaced with protections that include all protected classes under state law, including religion.

• The right to receive written notice and opt-out of “instruction on topics associated with sexual activity” applies only to state-mandated comprehensive sexual education.

• Mandate to reach out to a parent or legal guardian with an offer to meet with the child’s principal and classroom teacher if a child is at risk of not advancing to the next grade level now puts the onus on the parent or legal guardian to request such a meeting.

• Reaffirms RCW 28A.225.215, which allows children without a legal residence to enroll in public school.

Most of the text in Intiative 2081 is replaced with RCWs already passed by the legislature.

SB 5181 contains an emergency clause which would prevent any challenge to the law by a referendum if it were enacted. If passed, it would go into effect immediately.

Insiders told this writer restricting Initiative 2081 was part of the plan when it passed last year. If the legislature had not passed the initiative, it would have gone to the ballot unamended and very likely passed given its widespread support. 454,000 voters signed the initiative. By passing the bill themselves, legislators are able to make changes to the law at the next legislative session.

SB 5181 passed down party line in the Senate 30-19. The House Education Committee is now reviewing the bill.