Schools/gender inclusive

AN ACT Relating to securing the rights of students to have a 1
safe, civil, and respectful learning community that is free of 2
discrimination by ensuring all schools adopt and enforce gender 3
inclusive protections, policies, and procedures; amending RCW 4
28A.642.080, 28A.715.020, 28A.300.535, 28A.600.477, and 28A.642.090; 5
adding a new section to chapter 28A.400 RCW; and creating a new 6
section. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:8
NEW SECTION. Sec. 1. (1) The legislature finds that Washington 9
state has long been at the forefront of recognizing that student 10
success is dependent on providing every student with a safe, 11
inclusive learning environment, free of harassment and discrimination 12
in all forms.13
(2) In 2010, the legislature created expansive provisions 14
specific to public schools clearly stating that all students have the 15
right to exist free from discrimination based on race, creed, color, 16
national origin, honorably discharged veteran or military status, 17
sexual orientation including gender expression or identity, the 18
presence of any sensory, mental, or physical disability, or the use 19
of a trained dog guide or service animal by a person with a 20
disability. 21
S-0339.2
SENATE BILL 5180
State of Washington 69th Legislature 2025 Regular Session
By Senators C. Wilson, Liias, Dhingra, Lovick, Nobles, Orwall,
Pedersen, Saldaña, Stanford, Trudeau, Valdez, and Wellman
Prefiled 01/08/25. Read first time 01/13/25. Referred to Committee
on Early Learning & K-12 Education.
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(3) The legislature directed the office of the superintendent of 1
public instruction to monitor and enforce compliance with this law. 2
To this end, in 2012, the office of the superintendent of public 3
instruction adopted guidelines for school districts related to 4
prohibiting discrimination in public schools that specifically 5
addressed gender identity and gender expression and established 6
protections for transgender students. 7
(4) In 2019, the legislature again took action to protect 8
students at risk of discriminatory treatment by directing the 9
Washington state school directors' association to collaborate with 10
the office of the superintendent of public instruction to develop and 11
update a model transgender student policy and procedure that 12
recognized the importance of an inclusive approach toward transgender 13
and gender-expansive students. 14
(5) In 2020, each school district was required to adopt a policy 15
and procedure that incorporated all the elements of the model policy. 16
The legislature finds, unfortunately, that some school districts are 17
not necessarily implementing the model policy and are reading 18
ambiguity into the laws related to the specific requirements of this 19
model policy. 20
(6) The legislature therefore intends to clearly state the 21
required components of the model policy and procedure, so no 22
ambiguity remains in the legislative intent to protect all students 23
from discriminatory treatment in our schools. The legislature further 24
intends to provide protections for personnel employed by or 25
contracted with school districts, charter schools, and state-tribal 26
education compact schools who support students in the exercise of 27
their rights and perform work activities in a manner consistent with 28
state law. 29
Sec. 2. RCW 28A.642.080 and 2023 c 242 s 5 are each amended to 30
read as follows: 31
(1)(a)(i) By January 31, 2020, each school district must adopt or 32
amend if necessary policies and procedures that, at a minimum, 33
incorporate all the elements of the model ((transgender student )) 34
policy and procedure relating to gender inclusive schools described 35
in subsection (3) of this section. 36
(ii) At the next regularly scheduled meeting of each school 37
district board of directors after the effective date of this section, 38
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school districts must amend if necessary policies and procedures that 1
meet the requirements in this section. 2
(b) School districts must share the policies and procedures that 3
meet the requirements of (a) of this subsection with parents or 4
guardians, students, volunteers, and school employees in accordance 5
with rules adopted by the office of the superintendent of public 6
instruction. This requirement as it relates to students, parents, and 7
guardians may be satisfied by using the model student handbook 8
language in RCW 28A.300.286. 9
(c)(i) Each school district must designate one person in the 10
school district as the primary contact regarding the policies and 11
procedures relating to ((transgender students )) gender inclusive 12
schools that meet the requirements of (a) of this subsection. In 13
addition to any other duties required by law and the school district, 14
the primary contact must: 15
(A) Ensure the implementation of the policies and procedures 16
relating to ((transgender students )) gender inclusive schools that 17
meet the requirements of (a) of this subsection; 18
(B) Receive copies of all formal and informal complaints relating 19
to transgender students and gender expansive students;20
(C) Communicate with the school district employees responsible 21
for monitoring school district compliance with this chapter, and the 22
primary contact regarding the school district's policy and procedure 23
prohibiting harassment, intimidation, and bullying under RCW 24
28A.600.477; and 25
(D) Serve as the primary contact between the school district, the 26
office of the education ombuds, and the office of the superintendent 27
of public instruction on policies and procedures relating to 28
((transgender students )) gender inclusive schools that meet the 29
requirements of (a) of this subsection. 30
(ii) The primary contact from each school district must attend at 31
least one training class as provided in RCW 28A.600.477, once this 32
training is available. 33
(iii) The primary contact may also serve as the primary contact 34
regarding the school district's policy and procedure prohibiting 35
harassment, intimidation, and bullying under RCW 28A.600.477 and the 36
primary contact regarding school district compliance with 37
nondiscrimination laws under RCW 28A.300.286. 38
(2) As required by the office of the superintendent of public 39
instruction, each school district must provide to the office of the 40
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superintendent of public instruction its policies and procedures 1
relating to ((transgender students )) gender inclusive schools that 2
meet the requirements of subsection (1)(a) of this section.3
(3)(a) By September 1, 2019, and periodically thereafter, the 4
Washington state school directors' association must collaborate with 5
the office of the superintendent of public instruction to develop and 6
update a model ((transgender student)) policy and procedure relating 7
to gender inclusive schools. 8
(b) The elements of the model ((transgender student)) policy and 9
procedure relating to gender inclusive schools must, at a minimum:10
(i) Incorporate the office of the superintendent of public 11
instruction's rules and guidelines developed under RCW 28A.642.020 to 12
eliminate discrimination in Washington public schools on the basis of 13
gender expression and gender identity ((and expression)); ((address))14
(ii) Address the unique challenges and needs faced by transgender 15
students and gender-expansive students in public schools; and 16
((describe))17
(iii) Describe the application of the model policy and procedure 18
prohibiting harassment, intimidation, and bullying, required under 19
RCW 28A.600.477, to transgender students and gender-expansive 20
students. 21
(c) The elements of the model policy and procedure relating to 22
gender inclusive schools must include the following specific 23
components:24
(i) That students have the right to be referred to by their 25
preferred name and pronouns at school;26
(ii) That students have the right to participate in school-27
sponsored athletics or activities, or both, in a manner that is 28
consistent with their gender expression or gender identity;29
(iii) That students have the right to use the restroom that 30
corresponds to their gender expression or gender identity;31
(iv) That students have the right to dress in a manner that is 32
consistent with their gender expression or gender identity within the 33
constraints of the dress codes or uniform established pursuant to the 34
policies established and allowed by RCW 28A.320.140 and within the 35
constraints of school district guidelines for dress as they relate to 36
health and safety issues; and37
(v) That personnel employed by or contracted with a school 38
district or educational service district must not disclose any 39
information related to a student's sexual orientation, gender 40
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expression, or gender identity to any person without the student's 1
consent. School districts must develop procedures consistent with 2
procedures developed by the office of the superintendent of public 3
instruction to avoid inadvertent disclosure of student's sexual 4
orientation, gender expression, or gender identity to other students, 5
their parents, educational staff, or other third parties without the 6
student's consent. 7
(d) The office of the superintendent of public instruction and 8
the Washington state school directors' association must maintain the 9
model policy and procedure relating to gender inclusive schools on 10
each agency's website at no cost to school districts.11
(4)(a) By December 31, 2020, the office of the superintendent of 12
public instruction must develop online training material available to 13
all school staff based on the model ((transgender student )) policy 14
and procedure relating to gender inclusive schools described in 15
subsection (3) of this section and the office of the superintendent 16
of public instruction's rules and guidance as provided under this 17
chapter. 18
(b) The online training material must describe the role of school 19
district primary contacts for monitoring school district compliance 20
with this chapter prohibiting discrimination in public schools, RCW 21
28A.600.477 related to the policies and procedures prohibiting 22
harassment, intimidation, and bullying, and this section related to 23
policies and procedures relating to ((transgender students )) gender 24
inclusive schools. 25
(c) The online training material must include best practices for 26
policy and procedure implementation and cultural change that are 27
guided by school district experiences. 28
(d) The office of the superintendent of public instruction must 29
annually notify school districts of the availability of the online 30
training material. 31
NEW SECTION. Sec. 3. A new section is added to chapter 28A.400 32
RCW to read as follows: 33
(1) Personnel employed by or contracted with a school district or 34
educational service district shall not in any manner retaliate or 35
take adverse action against any employee on the basis that the 36
employee: 37
(a) Supported a student in the exercise of rights provided under 38
chapters 28A.640, 28A.642, and 49.60 RCW; 39
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(b) Performed work activities in a manner consistent with RCW 1
28A.642.080; or 2
(c) Used curriculum or instructional materials that address 3
subject matter related to sexual orientation, gender expression, or 4
gender identity in accordance with RCW 28A.405.170.5
(2) Personnel employed by or contracted with a school district or 6
educational service district may not be required to disclose any 7
information related to a student's sexual orientation, gender 8
expression, or gender identity to any person without the student's 9
consent. 10
(3) This section governs school operation and management under 11
RCW 28A.710.040 and 28A.715.020 and applies to charter schools 12
established under chapter 28A.710 RCW and state-tribal education 13
compact schools subject to chapter 28A.715 RCW. 14
Sec. 4. RCW 28A.715.020 and 2024 c 206 s 2 are each amended to 15
read as follows: 16
(1) A school that is the subject of a state-tribal education 17
compact must operate according to the terms of its compact executed 18
in accordance with RCW 28A.715.010. 19
(2) Schools that are the subjects of state-tribal education 20
compacts are exempt from all state statutes and rules applicable to 21
school districts and school district boards of directors, except 22
those statutes and rules made applicable under this chapter and in 23
the state-tribal education compact executed under RCW 28A.715.010.24
(3) Each school that is the subject of a state-tribal education 25
compact must: 26
(a) Provide a curriculum and conduct an educational program that 27
satisfies the requirements of RCW 28A.150.200 through 28A.150.240 and 28
28A.230.010 through 28A.230.195, unless an exemption for one or more 29
of these requirements is expressly included within the state-tribal 30
education compact; 31
(b) Employ certificated instructional staff as required in RCW 32
28A.410.010, however such schools may hire noncertificated 33
instructional staff of unusual competence and in exceptional cases as 34
specified in RCW 28A.150.203(7); 35
(c) Comply with the employee record check requirements in RCW 36
28A.400.303 and the mandatory termination and notification provisions 37
of RCW 28A.400.320, 28A.400.330, 28A.405.470, and 28A.405.475;38
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(d) Comply with nondiscrimination laws including, but not limited 1
to, chapter 28A.642 RCW (discrimination prohibition), chapter 28A.640 2
RCW (sexual equality), chapter 28A.180 RCW (transitional bilingual 3
instruction program), and chapter 28A.155 RCW (special education);4
(e) Adhere to generally accepted accounting principles and be 5
subject to financial examinations and audits as determined by the 6
state auditor, including annual audits for legal and fiscal 7
compliance; and 8
(f) Be subject to and comply with legislation enacted after July 9
28, 2013, governing the operation and management of schools that are 10
the subject of a state-tribal education compact. 11
(4) No such school may engage in any sectarian practices in its 12
educational program, admissions or employment policies, or 13
operations. 14
(5) Nothing in this chapter may limit or restrict any enrollment 15
or school choice options otherwise available under this title.16
Sec. 5. RCW 28A.300.535 and 2019 c 194 s 3 are each amended to 17
read as follows: 18
The office of the superintendent of public instruction, in 19
collaboration with the health care authority, the department of 20
health, and the liquor and cannabis board, must review and align the 21
healthy youth survey with the model ((transgender student )) policy 22
and procedure relating to gender inclusive schools developed under 23
RCW 28A.642.080. 24
Sec. 6. RCW 28A.600.477 and 2023 c 242 s 4 are each amended to 25
read as follows: 26
(1)(a) By January 31, 2020, each school district must adopt or 27
amend if necessary a policy and procedure prohibiting harassment, 28
intimidation, and bullying of any student and that, at a minimum, 29
incorporates the model policy and procedure described in subsection 30
(3) of this section. 31
(b) School districts must share the policy and procedure 32
prohibiting harassment, intimidation, and bullying with parents or 33
guardians, students, volunteers, and school employees in accordance 34
with the rules adopted by the office of the superintendent of public 35
instruction. This requirement as it relates to students, parents, and 36
guardians may be satisfied by using the model student handbook 37
language in RCW 28A.300.286. 38
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(c)(i) Each school district must designate one person in the 1
school district as the primary contact regarding the policy and 2
procedure prohibiting harassment, intimidation, and bullying. In 3
addition to other duties required by law and the school district, the 4
primary contact must: 5
(A) Ensure the implementation of the policy and procedure 6
prohibiting harassment, intimidation, and bullying;7
(B) Receive copies of all formal and informal complaints relating 8
to harassment, intimidation, or bullying; 9
(C) Communicate with the school district employees responsible 10
for monitoring school district compliance with chapter 28A.642 RCW 11
prohibiting discrimination in public schools, and the primary contact 12
regarding the school district's policies and procedures related to 13
((transgender students )) gender inclusive schools under RCW 14
28A.642.080; and 15
(D) Serve as the primary contact between the school district, the 16
office of the education ombuds, and the office of the superintendent 17
of public instruction on the policy and procedure prohibiting 18
harassment, intimidation, and bullying. 19
(ii) The primary contact from each school district must attend at 20
least one training class as provided in subsection (4) of this 21
section, once this training is available. 22
(iii) The primary contact may also serve as the primary contact 23
regarding the school district's policies and procedures relating to 24
((transgender students )) gender inclusive schools under RCW 25
28A.642.080 and the primary contact regarding school district 26
compliance with nondiscrimination laws under RCW 28A.300.286.27
(2) School districts are encouraged to adopt and update the 28
policy and procedure prohibiting harassment, intimidation, and 29
bullying through a process that includes representation of parents or 30
guardians, school employees, volunteers, students, administrators, 31
and community representatives. 32
(3)(a) By September 1, 2019, and periodically thereafter, the 33
Washington state school directors' association must collaborate with 34
the office of the superintendent of public instruction to develop and 35
update a model policy and procedure prohibiting harassment, 36
intimidation, and bullying. 37
(b) Each school district must provide to the office of the 38
superintendent of public instruction a brief summary of its policies, 39
procedures, programs, partnerships, vendors, and instructional and 40
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training materials prohibiting harassment, intimidation, and bullying 1
to be posted on the office of the superintendent of public 2
instruction's school safety center website, and must also provide the 3
office of the superintendent of public instruction with a link to the 4
school district's website for further information. The school 5
district's primary contact for harassment, intimidation, and bullying 6
issues must annually by August 15th verify posted information and 7
links and notify the school safety center of any updates or changes.8
(c) The office of the superintendent of public instruction must 9
publish on its website, with a link to the school safety center 10
website, the revised and updated model policy and procedure 11
prohibiting harassment, intimidation, and bullying, along with 12
training and instructional materials on the components that must be 13
included in any school district policy and procedure prohibiting 14
harassment, intimidation, and bullying. By September 1, 2019, the 15
office of the superintendent of public instruction must adopt rules 16
regarding school districts' communication of the policy and procedure 17
prohibiting harassment, intimidation, and bullying to parents, 18
students, employees, and volunteers. 19
(4) By December 31, 2020, the office of the superintendent of 20
public instruction must develop a statewide training class for those 21
people in each school district who act as the primary contact 22
regarding the policy and procedure prohibiting harassment, 23
intimidation, and bullying as provided in subsection (1) of this 24
section. The training class must be offered on an annual basis by 25
educational service districts in collaboration with the office of the 26
superintendent of public instruction. The training class must be 27
based on the model policy and procedure prohibiting harassment, 28
intimidation, and bullying as provided in subsection (3) of this 29
section and include materials related to hazing and the Washington 30
state school directors' association model ((transgender student )) 31
policy and procedure relating to gender inclusive schools as provided 32
in RCW 28A.642.080. 33
(5) The definitions in this subsection apply throughout this 34
section unless the context clearly requires otherwise.35
(a) "Electronic" means any communication where there is the 36
transmission of information by wire, radio, optical cable, 37
electromagnetic, or other similar means. 38
(b)(i) "Harassment, intimidation, or bullying" means any 39
intentional electronic, written, verbal, or physical act including, 40
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but not limited to, one shown to be motivated by any characteristic 1
in RCW 28A.640.010 and 28A.642.010, or other distinguishing 2
characteristics, when the intentional electronic, written, verbal, or 3
physical act: 4
(A) Physically harms a student or damages the student's property;5
(B) Has the effect of substantially interfering with a student's 6
education; 7
(C) Is so severe, persistent, or pervasive that it creates an 8
intimidating or threatening educational environment; or9
(D) Has the effect of substantially disrupting the orderly 10
operation of the school. 11
(ii) Nothing in (b)(i) of this subsection requires the affected 12
student to actually possess a characteristic that is a basis for the 13
harassment, intimidation, or bullying. 14
Sec. 7. RCW 28A.642.090 and 2023 c 242 s 2 are each amended to 15
read as follows: 16
(1) Each school district shall designate one person in the school 17
district as the primary contact regarding school district compliance 18
with this chapter. In addition to any other duties required by law 19
and the school district, the primary contact must:20
(a) Ensure that complaints of discrimination communicated to the 21
school district are promptly investigated and resolved; and22
(b) Communicate with the primary contact regarding the school 23
district's policy and procedure prohibiting harassment, intimidation, 24
and bullying under RCW 28A.600.477, and the primary contact regarding 25
the school district's policies and procedures related to 26
((transgender students )) gender inclusive schools under RCW 27
28A.642.080. 28
(2) The primary contact may also serve as the primary contact 29
regarding the school district's policy and procedure prohibiting 30
harassment, intimidation, and bullying under RCW 28A.600.477 and the 31
primary contact regarding the school district's policy and procedure 32
related to ((transgender students )) gender inclusive schools under 33
RCW 28A.642.080. 34
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