Student given names

AN ACT Relating to protecting the rights of parents and guardians 1
by using students' given names in public schools; adding a new 2
section to chapter 28A.320 RCW; and creating a new section.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. A new section is added to chapter 28A.320 5
RCW to read as follows: 6
(1) In order to protect the rights of children, families, and 7
teachers, and maintain order in K-12 public schools, the legislature 8
enacts the following provisions notwithstanding the model policies 9
and procedures required under RCW 28A.642.080: 10
(a) An employee or contractor may not use a name to address a 11
student other than the name listed on a student's birth certificate, 12
or derivatives thereof, without the written permission of a student's 13
parents or guardians. 14
(b) An employee or contractor may not use a pronoun in addressing 15
a student that is different from that student's biological sex 16
without the written permission of a student's parents or guardians.17
(c) An employee or contractor operating in this state, when 18
acting in the course of his or her official duties, shall not carry 19
out any act or communication that would violate (a) or (b) of this 20
subsection. 21
S-0384.1
SENATE BILL 5136
State of Washington 69th Legislature 2025 Regular Session
By Senators McCune, Fortunato, and J. Wilson
Prefiled 01/03/25. Read first time 01/13/25. Referred to Committee
on Early Learning & K-12 Education.
p. 1 SB 5136
(d) A public school or school district may not require an 1
employee or contractor to use a pronoun that does not match a 2
person's biological sex if contrary to the employee's or contractor's 3
religious or moral convictions. 4
(2) Nothing in this section prohibits an employee or contractor 5
from discussing any matters of public concern outside the context of 6
their official duties. 7
(3) Any aggrieved individual under this section may seek relief 8
through the office for civil rights at the United States department 9
of education, or bring a private right of action against any public 10
school or school district engaged in such prohibited discrimination, 11
or both. 12
(4) For the purposes of this section: 13
(a) "Contractor" means any individual working in any capacity for 14
any public school or school district through a contract between any 15
such public school or school district and that individual or that 16
individual's employer. 17
(b) "Employee" means any individual working in any capacity, 18
whether performance of such work is voluntary or paid, at any public 19
school or school district including but not limited to teachers, 20
administrators, janitors, cafeteria workers, or other individuals.21
(c) "Parent" or "guardian" means a resident of this state who is 22
the parent, stepparent, adoptive parent, foster parent, or otherwise 23
the legal guardian of a qualified student. 24
(d) "Public school" has the same meaning as in RCW 28A.150.010.25
(e) "Sex" means biological sex, as listed on an individual's 26
original birth certificate. 27
(f) "Student" means an individual under the age of 18 and has not 28
been emancipated under chapter 13.64 RCW. 29
NEW SECTION. Sec. 2. This act may be known and cited as the 30
given name act.31
NEW SECTION. Sec. 3. If any provision of this act or its 32
application to any person or circumstance is held invalid, the 33
remainder of the act or the application of the provision to other 34
persons or circumstances is not affected.35
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p. 2 SB 5136