Education ombuds records

AN ACT Relating to records maintained by the office of the 1
education ombuds; and amending RCW 43.06B.040. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 43.06B.040 and 2013 c 23 s 85 are each amended to 4
read as follows: 5
(1)(a) The education ombuds shall treat as confidential all 6
matters and information received in the course of performing the 7
duties of the office of the education ombuds , including the 8
((identities)) identifying information of students, complainants, and 9
individuals from whom information is ((acquired, as confidential, 10
except as necessary to enable the education ombuds )) obtained. The 11
education ombuds may disclose information only to the extent 12
disclosure is necessary to perform the duties of the office ((. Upon 13
receipt of information that by law is confidential or privileged, 14
the)), as otherwise authorized by this section, or as otherwise 15
required or permitted by applicable state or federal law.16
(b) Notwithstanding (a) of this subsection (1), the education 17
ombuds shall maintain the confidentiality of ((such information and 18
shall)) any information received that is confidential or privileged 19
under state or federal law and may not further disclose or 20
H-2833.2
HOUSE BILL 2440
State of Washington 69th Legislature 2026 Regular Session
By Representatives Santos and Scott
Read first time 01/13/26. Referred to Committee on Education.
p. 1 HB 2440
disseminate the information except as ((provided)) required or 1
permitted by applicable state or federal law. 2
(c) Records and files maintained by the education ombuds related 3
to complaints are confidential and are exempt from public disclosure 4
under chapter 42.56 RCW.5
(2) Identifying information about students, complainants, and 6
individuals from whom information is obtained in connection with a 7
complaint:8
(a) Is not subject to subpoena, discovery, or other compulsory 9
process; and10
(b) May not be disclosed to any person or entity except under the 11
following circumstances:12
(i) The complainant or the individual whose identifying 13
information is at issue provides written consent to disclosure;14
(ii) Compliance with a legislative subpoena issued in connection 15
with a legislative investigation into alleged neglect of duty or 16
misconduct by the education ombuds or the office of the education 17
ombuds, provided that the identifying information is necessary to the 18
investigation; or19
(iii) Compliance with a request from the governor made in 20
connection with an inquiry into alleged neglect of duty or misconduct 21
by the education ombuds or office of the education ombuds, provided 22
that the identifying information is necessary to the inquiry.23
(3) Upon written request, the education ombuds shall provide a 24
complainant access to the complainant's own complaint and other 25
records maintained by the office of the education ombuds that both 26
contain the complainant's identifying information and relate to the 27
complaint.28
(a) Before providing access under this subsection (3), the 29
education ombuds shall redact: (i) Identifying information of any 30
other individual; and (ii) information that is confidential or 31
privileged under state or federal law.32
(b) A written request under this subsection (3) does not 33
constitute written consent to disclose under subsection (2)(b) of 34
this section nor does it make the records subject to disclosure under 35
chapter 42.56 RCW.36
(4) Nothing in this section may be construed to prohibit the 37
education ombuds from disclosing deidentified data, without written 38
consent, to the education data center established under RCW 39
p. 2 HB 2440
43.41.400, consistent with applicable security and confidentiality 1
requirements. 2
(5) For purposes of this section, "identifying information" means 3
information that, alone or in combination, is linked or reasonably 4
linkable to a specific individual associated with the complaint or 5
the underlying incident, and that would permit a reasonable person in 6
the school community, who lacks personal knowledge of the relevant 7
circumstances, to identify the individual.8
--- END ---
p. 3 HB 2440