Lawmakers in the Washington state House advanced a bill addressing student and parental rights on Thursday, clearing the way for it to reach the governor’s desk.
Debate around the bill has been some of the most divisive of this year’s session. The legislation largely stems from a citizen initiative lawmakers approved last year that granted certain rights to parents of public school students under age 18. This included the ability for parents to easily access school materials, such as textbooks, curriculum, and their child’s medical records.
When Democrats agreed to pass that initiative, they said they would revisit it if it clashed with other state and federal laws. That’s what they said this year’s legislation was about.
“It is creating a lot of confusion for parents, for educators, for the local school directors, all of whom are trying to independently interpret the law; that is a recipe for disaster,” said Rep. Sharon Tomiko Santos, D-Seattle, who chairs the House Education Committee.
House Bill 1296 passed on a 59-39, party-line vote.
“This bill creates that clarity to make sure that it’s not just some voices, but all voices are heard,” said Rep. Lillian Ortiz-Self, D-Mukilteo.
Gov. Bob Ferguson, a Democrat, has not publicly taken a position on the bill.
On Thursday, when Democrats denied a Republican motion to invalidate changes made in the Senate, one Republican lawmaker rose to shout at the speaker presiding over the chamber, Rep. Tarra Simmons, D-Bremerton.
“Not only do you take rules and break them,” yelled Rep. Jeremie Dufault, R-Selah, without being called upon. “You break your own rules!”
The sudden disruption derailed progress on the bill for hours. Dufault was not present in the chamber for the ensuing floor debate on the bill and participated virtually instead. And there was an increased Washington State Patrol presence in the House.
Republicans have hammered the Democratic effort throughout the session, framing it as a strategy to gut the initiative.
“Parents are afraid,” said Rep. Deb Manjarrez, R-Wapato.
“They didn’t want information to be kept from them about their child, I don’t want information kept from me about my child,” she said.
The bill includes language around gender issues and diversity, equity and inclusion. Republicans previously introduced unsuccessful amendments to prevent transgender girls from participating in girls’ sports and entering girls’ locker rooms.
Under the legislation, a new complaint process would be established, and the bill directs the Office of Superintendent of Public Instruction to investigate complaints from students, parents, and others if schools fail to comply with state laws in areas like civil rights, nondiscrimination, harassment, and the physical restraint or isolation of students.
The Office of the Superintendent of Public Instruction would have to take numerous steps to intervene, with the consequences for school officials and districts becoming more severe in cases where they are found to be willfully disobeying state law.
As a last resort, the office could withhold up to 20% of a district’s state funds and redirect that money toward resolving the issues the state has identified.
Republicans claim this will take control away from local school districts and is too punitive toward schools.
The bill itself states: “Local control is not absolute and must also be balanced against the need to ensure all students have access to a healthy, safe learning environment that celebrates and protects their diversity and civil rights.”
School districts could not terminate, demote, suspend, or take any other negative action against a school employee for supporting students exercising their legal rights or for teaching about historically marginalized and underrepresented groups.
Nine specific student rights are also outlined, such as the right to receive an education in a safe and supportive learning environment, free of harassment and bullying. The bill makes it clear that students are free to exercise constitutionally protected rights at school.
It also directs schools to develop promotional materials that incorporate these rights and make this information widely accessible to all students.
The legislation keeps parts of the initiative that allow parents to review school curriculum and textbooks, and require school districts to “immediately” notify parents if a student is a victim of abuse, sexual misconduct, or assault.
It would enable parents to opt their child out of any survey, analysis, or evaluation regarding political affiliations, sexual behavior, religious practices, and more.
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.
The bill’s sponsor, Rep. Monica Stonier, D-Vancouver, disagreed with Republicans’ criticisms. “While it may have been said that this bill guts parental rights that were passed from the initiative,” she said, “I believe this bill extends parental rights to more parents.”
This story was originally published in the Washington State Standard.
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