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AN ACT Relating to amending the parents rights initiative to 1
bring it into alignment with existing law; and amending RCW 2
28A.605.005. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 28A.605.005 and 2024 c 4 s 1 are each amended to 5
read as follows: 6
(1) The legislature finds that: (a) Parents are the primary 7
stakeholders in their children's upbringing; (b) parental involvement 8
is a significant factor in increasing student achievement; and (c) 9
access to student information encourages greater parental 10
involvement. 11
(2) Parents and legal guardians of ((public school children 12
younger than 18 years old have all of )) children enrolled in public 13
schools as defined in RCW 28A.150.010 have the following rights:14
(a) To access their child's classroom and school-sponsored 15
activities to observe in accordance with RCW 28A.605.020 and to 16
examine the curriculum, textbooks, ((curriculum)) instructional 17
materials, and supplemental ((material)) instructional materials used 18
in their child's classroom in accordance with school district 19
policies and procedures; 20
S-0199.4
SENATE BILL 5181
State of Washington 69th Legislature 2025 Regular Session
By Senators C. Wilson, Pedersen, Dhingra, Frame, Liias, Lovick,
Nobles, Stanford, Trudeau, 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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(b)(i) To inspect their child's ((public school )) education 1
records in accordance with RCW 28A.605.030, and to request and 2
receive a copy of their child's education records ((within 10 3
business days of submitting a written request, either electronically 4
or on paper )) in accordance with the federal family educational 5
rights and privacy act of 1974, Title 20 U.S.C. Sec. 1232g, as in 6
effect on January 1, 2025, within a reasonable period of time.7
(ii) Parents or legal guardians must not be required to appear in 8
person for the purposes of requesting or validating a request for 9
their child's ((public school)) education records.10
(iii) No charge may be imposed on a parent or legal guardian to 11
((receive such records electronically )) inspect their child's 12
education records or for the costs of searching for or retrieving the 13
education records . Any charges for a ((paper)) copy of such records 14
must be reasonable ((and)), not prevent a parent, legal guardian, or 15
eligible child from exercising the right to inspect and review the 16
child's education records, and be set forth in the official policies 17
and procedures of the school district. 18
(iv) ((Public school records include all of the following:19
(A) Academic records including, but not limited to, test and 20
assessment scores in accordance with RCW 28A.230.195;21
(B) Medical or health records;22
(C) Records of any mental health counseling;23
(D) Records of any vocational counseling;24
(E) Records of discipline, including expulsions and suspensions 25
under RCW 28A.600.015;26
(F) Records of attendance, including unexcused absences in 27
accordance with RCW 28A.225.020;28
(G) Records associated with a child's screening for learning 29
challenges, exceptionalities, plans for an individualized education 30
program, or plan adopted under section 504 of the rehabilitation act 31
of 1973; and32
(H) Any other student-specific files, documents, or other 33
materials that are maintained by the public school )) Education 34
records means those official records, files, and data directly 35
related to a student and maintained by the school including, but not 36
limited to, records encompassing all the material kept in the child's 37
cumulative folder, such as general identifying data, records of 38
attendance and of academic work completed, records of achievement and 39
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results of evaluative tests, disciplinary status, test protocols, and 1
individualized education programs; 2
(v) Education records do not include records that are kept in the 3
sole possession of the maker, are used only as a personal memory aid, 4
and are not accessible or revealed to any other person except a 5
temporary substitute for the maker of the record;6
(vi) Nothing in this section changes the access and disclosure 7
provisions established in chapter 70.02 RCW related to health care 8
information; 9
(c) ((To receive prior notification when medical services are 10
being offered to their child, except where emergency medical 11
treatment is required. In cases where emergency medical treatment is 12
required, the parent and legal guardian must be notified as soon as 13
practicable after the treatment is rendered;14
(d) To receive notification when any medical service or 15
medications have been provided to their child that could result in 16
any financial impact to the parent's or legal guardian's health 17
insurance payments or copays;18
(e) To receive notification when the school has arranged directly 19
or indirectly for medical treatment that results in follow-up care 20
beyond normal school hours. Follow-up care includes monitoring the 21
child for aches and pains, medications, medical devices such as 22
crutches, and emotional care needed for the healing process;23
(f))) To receive ((immediate)) notification ((if a criminal 24
action is deemed to have )) within a reasonable amount of time, but no 25
later than 72 hours, of the school district receiving information 26
that a criminal action has been committed against their child ((or by 27
their child)) on school property during the school day or their child 28
has been detained based on probable cause of involvement in criminal 29
activity on school property during the school day;30
(((g))) (d) To receive ((immediate)) notification within a 31
reasonable amount of time, but no later than 72 hours, if law 32
enforcement personnel question their child during a custodial 33
interrogation at the school during the school day , except in cases 34
where the parent or legal guardian has been accused of abusing or 35
neglecting the child; 36
(((h))) (e) To receive ((immediate notification if their child is 37
taken or removed from the public school campus without parental 38
permission, including to stay at a youth shelter or "host home" as 39
defined in RCW 74.15.020)) notification within a reasonable amount of 40
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time, but no later than 72 hours, if their child is removed from any 1
school grounds or building thereon during school hours, pursuant to 2
the policies established and required by RCW 28A.605.010, except 3
where the provisions of RCW 74.15.020, 13.32A.082, 26.44.050, or 4
26.44.115 apply, in which case the notice provisions related to those 5
statutes govern; 6
(((i))) (f) To receive assurance their child's public school will 7
not discriminate against their child based ((upon the sincerely held 8
religious beliefs of the child's family in accordance with chapter )) 9
on the basis of sex, race, creed, religion, color, national origin, 10
honorably discharged veteran or military status, sexual orientation 11
including gender expression or identity, the presence of any sensory, 12
mental, or physical disability, or the use of a trained dog guide or 13
service animal by a person with a disability in accordance with 14
chapters 28A.640 and 28A.642 RCW; 15
(((j) To)) (g) In accordance with the protection of pupil rights, 16
Title 20 U.S.C. Sec. 1232h, the right to receive written notice and 17
the option to opt their child out of any ((surveys, assignments, 18
questionnaires, role-playing activities, recordings of their child, 19
or other student engagements that include questions about any of the 20
following:21
(i) The child's sexual experiences or attractions;22
(ii) The child's family beliefs, morality, religion, or political 23
affiliations;24
(iii) Any mental health or psychological problems of the child or 25
a family member; and26
(iv) All surveys, analyses, and evaluations subject to areas 27
covered by the protection of pupil rights amendment of the family 28
educational rights and privacy act )) survey, analysis, or evaluation 29
that reveals information concerning:30
(i) Political affiliations or beliefs of the child or the child's 31
parent or legal guardian;32
(ii) Mental or psychological problems of the child or the child's 33
family;34
(iii) Sex behavior and attitudes;35
(iv) Illegal, antisocial, self-incriminating or demeaning 36
behavior;37
(v) Critical appraisals of other individuals with whom 38
respondents have close family relationships;39
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(vi) Legally recognized privileged or analogous relationships, 1
such as those of lawyers, physicians, and ministers;2
(vii) Religious practices, affiliations, or beliefs of the child 3
or child's parent or legal guardian; or4
(viii) Income, other than that required by law to determine 5
eligibility for participation in a program or for receiving financial 6
assistance under such program; 7
(((k))) (h) To receive written notice and have the option to opt 8
their child out of ((instruction on topics associated with sexual 9
activity)) comprehensive sexual health education in accordance with 10
RCW 28A.300.475; 11
(((l))) (i) To receive from the public school the annual school 12
calendar, no later than 30 days prior to the beginning of the school 13
year, and to be notified in writing as soon as feasible of any 14
revisions to such calendar. Such calendar must be posted to the 15
public school's website and must include, at a minimum, student 16
attendance days and any event that requires parent or student 17
attendance outside of normal school days or hours;18
(((m))) (j) To receive in writing each year or to view on the 19
public school's website a comprehensive listing of any required fee 20
and its purpose and use and a description of how economic hardships 21
may be addressed; 22
(((n))) (k) To receive in writing each year or to view on the 23
school's website a description of the school's required dress code or 24
uniform established pursuant to the policies established and allowed 25
by RCW 28A.320.140, if applicable, for students; and26
(((o))) (l) To be informed if their child's academic 27
((performance, including whether their child is provided a student 28
learning plan under RCW 28A.655.270)) progress, including the right 29
to receive periodic reports on their child's educational growth and 30
development in accordance with RCW 28A.150.240 and to receive notice 31
of their child's performance on state learning standards tests and 32
assessments in accordance with RCW 28A.230.195, and whether the 33
performance, is such that it could threaten the child's ability to be 34
promoted to the next grade level ((and to be offered )). A parent or 35
legal guardian also has the right to request an in-person meeting 36
with the child's classroom teacher and principal to discuss any 37
resources or strategies available to support and encourage the 38
child's academic improvement. 39
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(3) Notwithstanding anything to the contrary, a public school 1
shall not be required to release any records or information regarding 2
a student's ((medical or health records or mental health counseling )) 3
health care, social work, counseling, or disciplinary records to a 4
parent or legal guardian who is the defendant in a criminal 5
proceeding where the student is the named victim or during the 6
pendency of an investigation of child abuse or neglect conducted by 7
any law enforcement agency or the department of children, youth, and 8
families where the parent or legal guardian is the target of the 9
investigation, unless the parent or legal guardian has obtained a 10
court order. 11
(4) ((As used in this section "public school" has the same 12
meaning as in RCW 28A.150.010)) Nothing in this section creates a 13
private right of action. 14
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