School liability/WLAD

AN ACT Relating to school district liability for violation of the 1
Washington law against discrimination; and amending RCW 49.60.215.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 49.60.215 and 2024 c 161 s 3 are each amended to 4
read as follows: 5
(1) It shall be an unfair practice for any person or the person's 6
agent or employee to: 7
(a) Commit an act which directly or indirectly results in any 8
distinction, restriction, or discrimination; 9
(b) Require any person to pay a larger sum than the uniform rates 10
charged other persons; 11
(c) Refuse or withhold from any person the admission, patronage, 12
custom, presence, frequenting, dwelling, staying, or lodging in any 13
place of public resort, accommodation, assemblage, or amusement.14
(2) A school district, as defined under RCW 28A.315.025(7), is 15
not liable for the actions of its agents or employees in violation of 16
subsection (1)(a) of this section unless the school district commits 17
an act or omission that is negligent, and that act or omission 18
proximately causes the violation of subsection (1)(a) of this 19
section.20
S-3524.1
SENATE BILL 5875
State of Washington 69th Legislature 2026 Regular Session
By Senators Wellman and C. Wilson
Prefiled 12/12/25. Read first time 01/12/26. Referred to Committee
on Law & Justice.
p. 1 SB 5875
(3) Notwithstanding subsection (1) of this section, a person or 1
the person's agent or employee may enforce conditions and limitations 2
established by law and applicable to all persons, regardless of race, 3
creed, color, national origin, citizenship or immigration status, 4
sexual orientation, sex, honorably discharged veteran or military 5
status, status as a mother breastfeeding her child, the presence of 6
any sensory, mental, or physical disability, or the use of a trained 7
dog guide or service animal by a person with a disability: PROVIDED, 8
That this section shall not be construed to require structural 9
changes, modifications, or additions to make any place accessible to 10
a person with a disability except as otherwise required by law: 11
PROVIDED, That behavior or actions constituting a risk to property or 12
other persons can be grounds for refusal and shall not constitute an 13
unfair practice. 14
(((3))) (4) A place of public accommodation must make reasonable 15
modifications in policies, practices, or procedures to permit the use 16
of a miniature horse by an individual with a disability in accordance 17
with RCW 49.60.040(25) if the miniature horse has been individually 18
trained to do work or perform tasks for the benefit of the individual 19
with a disability. In determining whether reasonable modifications in 20
policies, practices, or procedures can be made to allow a miniature 21
horse into a facility, a place of public accommodation must act in 22
accordance with all applicable laws and regulations.23
(((4))) (5) If a place of public accommodation customarily 24
charges a person for damages that the person causes to the place, the 25
place may charge a service animal trainer for damages that a service 26
animal trainee causes to the place. 27
(((5))) (6) A service animal trainer must maintain control of a 28
service animal trainee. Except as provided in this subsection, 29
control must be exerted by means of a harness, leash, or other 30
tether. If the use of a harness, leash, or other tether would 31
interfere with the ability of the animal to do the work or perform 32
the tasks for which the animal is being trained, control may be 33
exerted by the effective use of voice commands, signals, or other 34
means. If an animal is not under control as required in this 35
subsection, a place of public accommodation may consider the animal 36
to be out of control for purposes of subsection (((6))) (7) of this 37
section. 38
(((6))) (7)(a) Except as provided in this subsection, a place of 39
public accommodation may not deny a service animal trainer the right 40
p. 2 SB 5875
to be accompanied by a service animal trainee in any area of the 1
place that is open to the public or to business invitees. A place of 2
public accommodation may require a service animal trainer to remove a 3
service animal trainee if: 4
(i) The animal is not trained to urinate and defecate outside of 5
the facility or only in an appropriate place; or 6
(ii) The animal is out of control and effective action is not 7
taken to control the animal. 8
(b) A place of public accommodation may impose legitimate 9
requirements necessary for the safe operation of the place of public 10
accommodation. The place of public accommodation must ensure that the 11
safety requirements are based on actual risks, not on speculation, 12
stereotypes, or generalizations about persons with disabilities.13
(c) A place of public accommodation may post signage indicating 14
the misrepresentation of an animal as a service animal or service 15
animal trainee may result in a civil infraction of up to $500 16
pursuant to chapter 7.80 RCW. 17
(((7))) (8) A place of public accommodation must make reasonable 18
modifications as necessary to allow an opportunity for a person with 19
a disability who is benefited by the use of a dog guide or service 20
animal to obtain goods, services, and the use of the advantages, 21
facilities, and privileges of the place. For purposes of this 22
subsection, except as provided in subsection (((6))) (7) of this 23
section, in addition to any other applicable accommodation 24
requirement, allowing the presence of the service animal is a 25
reasonable modification. 26
(((8))) (9) A place of public accommodation is not required to 27
provide care or supervision for a service animal or service animal 28
trainee. 29
(((9))) (10) The protection granted under this section to a 30
person with a disability or service animal trainer does not 31
invalidate or limit the remedies, rights, and procedures of any other 32
federal, state, or local laws that provide equal or greater 33
protection of the rights of a person with a disability, service 34
animal trainer, or individuals associated with a person with a 35
disability. 36
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