Text of WA HB 1296 (2025)

AN ACT Relating to promoting a safe and supportive public 1 education system through student rights, parental and guardian 2 rights, employee protections, and requirements for state and local 3 education entities; amending RCW 28A.642.080, 28A.642.020, and 4 28A.605.005; adding new sections to chapter 28A.230 RCW; adding a new 5 section to chapter 28A.400 RCW; creating new sections; and declaring 6 an emergency. 7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 8 PART ONE 9 PROTECTION OF STUDENTS' SAFETY, EDUCATION ACCESS, AND PRIVACY 10 NEW SECTION. Sec. 101. A new section is added to chapter 11 28A.230 RCW to read as follows: 12 (1) It is the policy of the state of Washington that policies and 13 procedures adopted by school districts under this title must 14 prioritize the protection of every student's safety, access to a free 15 public education, and privacy, to the fullest extent possible, except 16 as required by state or federal law. This policy serves as a 17 supplement to school district policies and procedures established 18 under this title, both before and after the effective date of this 19 H-0371.3 HOUSE BILL 1296 State of Washington 69th Legislature 2025 Regular Session By Representatives Stonier and Macri p. 1 HB 1296 section, and must be considered an integral part of those policies 1 and procedures. 2 (2) The office of the superintendent of public instruction shall 3 develop technical assistance and related materials to assist school 4 districts with the implementation of subsection (1) of this section. 5 The assistance and related materials must include a summary of: The 6 privacy rights of minors; and the licensure or other professional 7 requirements for school district employment classifications, if any, 8 related to protecting student privacy. 9 (3) The office of the superintendent of public instruction shall 10 enforce and obtain compliance with subsection (1) of this section by 11 appropriate order made under chapter 34.05 RCW. Example sanctions 12 that may be included on the order are as follows: Termination of all 13 or part of state apportionment or categorical moneys to the offending 14 school district, termination of specified programs in which 15 violations may be flagrant within the offending school district, 16 institution of corrective action, and the placement of the offending 17 school district on probation with appropriate sanctions until 18 compliance is achieved. Prior to taking enforcement action under this 19 subsection (3), the office of the superintendent of public 20 instruction shall: Identify corrective actions that a school district 21 may take to comply with subsection (1) of this section; and, if 22 requested by the school district, provide assistance and 23 recommendations for the purpose of supporting a school district's 24 compliance with subsection (1) of this section. 25 (4) This section governs school operation and management under 26 RCW 28A.710.040 and 28A.715.020, and applies to charter schools 27 established under chapter 28A.710 RCW and state-tribal education 28 compact schools subject to chapter 28A.715 RCW to the same extent as 29 it applies to school districts. 30 (5) The office of the superintendent of public instruction shall 31 adopt rules as necessary to implement this section. 32 Sec. 102. RCW 28A.642.080 and 2023 c 242 s 5 are each amended to 33 read as follows: 34 (1)(a) By January 31, ((2020)) 2026, each school district must 35 adopt or amend if necessary policies and procedures that, at a 36 minimum((, incorporate all the elements of the model transgender 37 student policy and procedure described in subsection (3) of this 38 section)): Incorporate the office of the superintendent of public 39 p. 2 HB 1296 instruction's rules and guidelines developed under RCW 28A.642.020 to 1 eliminate discrimination in public schools on the basis of gender 2 expression and gender identity; address the unique challenges and 3 needs faced by transgender students and gender-expansive students in 4 public schools; and describe the application of the model policy and 5 procedure prohibiting harassment, intimidation, and bullying required 6 under RCW 28A.600.477 to transgender students and gender-expansive 7 students. 8 (b) School districts must share the policies and procedures that 9 meet the requirements of (a) of this subsection with parents or 10 guardians, students, volunteers, and school employees in accordance 11 with rules adopted by the office of the superintendent of public 12 instruction. This requirement as it relates to students, parents, and 13 guardians may be satisfied by using the model student handbook 14 language in RCW 28A.300.286. 15 (c)(i) Each school district must designate one person in the 16 school district as the primary contact regarding the policies and 17 procedures relating to ((transgender students)) gender inclusive 18 schools that meet the requirements of (a) of this subsection. In 19 addition to any other duties required by law and the school district, 20 the primary contact must: 21 (A) Ensure the implementation of the policies and procedures 22 relating to ((transgender students)) gender inclusive schools that 23 meet the requirements of (a) of this subsection; 24 (B) Receive copies of all formal and informal complaints relating 25 to transgender students and gender-expansive students; 26 (C) Communicate with the school district employees responsible 27 for monitoring school district compliance with this chapter, and the 28 primary contact regarding the school district's policy and procedure 29 prohibiting harassment, intimidation, and bullying under RCW 30 28A.600.477; and 31 (D) Serve as the primary contact between the school district, the 32 office of the education ombuds, and the office of the superintendent 33 of public instruction on policies and procedures relating to 34 ((transgender students)) gender inclusive schools that meet the 35 requirements of (a) of this subsection. 36 (ii) The primary contact from each school district must attend at 37 least one training class as provided in RCW 28A.600.477, once this 38 training is available. 39 p. 3 HB 1296 (iii) The primary contact may also serve as the primary contact 1 regarding the school district's policy and procedure prohibiting 2 harassment, intimidation, and bullying under RCW 28A.600.477 and the 3 primary contact regarding school district compliance with 4 nondiscrimination laws under RCW 28A.300.286. 5 (2) As required by the office of the superintendent of public 6 instruction, each school district must provide to the office of the 7 superintendent of public instruction its policies and procedures 8 relating to ((transgender students)) gender inclusive schools that 9 meet the requirements of subsection (1)(a) of this section. 10 (3)(a) ((By September 1, 2019, and periodically thereafter, the)) 11 The Washington state school directors' association must collaborate 12 with the office of the superintendent of public instruction to 13 develop and periodically update a model ((transgender student)) 14 policy and procedure relating to gender inclusive schools that meets 15 the requirements in subsection (1)(a) of this section. 16 (b) ((The elements of the model transgender student policy and 17 procedure must, at a minimum: Incorporate the office of the 18 superintendent of public instruction's rules and guidelines developed 19 under RCW 28A.642.020 to eliminate discrimination in Washington 20 public schools on the basis of gender identity and expression; 21 address the unique challenges and needs faced by transgender students 22 in public schools; and describe the application of the model policy 23 and procedure prohibiting harassment, intimidation, and bullying, 24 required under RCW 28A.600.477, to transgender students. 25 (c))) The office of the superintendent of public instruction and 26 the Washington state school directors' association must maintain the 27 model policy and procedure relating to gender inclusive schools on 28 each agency's website at no cost to school districts. 29 (4)(a) By December 31, 2020, the office of the superintendent of 30 public instruction must develop online training materials ((available 31 to all school staff)) based on the model ((transgender student)) 32 policy and procedure relating to gender inclusive schools described 33 in subsection (3) of this section and the office of the 34 superintendent of public instruction's rules and guidance as provided 35 under this chapter. The online training materials must be available 36 to all school staff. 37 (b) The online training materials must describe the role of 38 school district primary contacts for monitoring school district 39 compliance with this chapter prohibiting discrimination in public 40 p. 4 HB 1296 schools, RCW 28A.600.477 related to the policies and procedures 1 prohibiting harassment, intimidation, and bullying, and this section 2 related to policies and procedures relating to ((transgender 3 students)) gender inclusive schools. 4 (c) The online training materials must ((include)) also: Include 5 best practices for policy and procedure implementation and cultural 6 change that are guided by school district experiences; and be 7 periodically revised as necessary. 8 (d) The office of the superintendent of public instruction must 9 annually notify school districts of the availability of the online 10 training materials. 11 Sec. 103. RCW 28A.642.020 and 2024 c 316 s 5 are each amended to 12 read as follows: 13 (1) The superintendent of public instruction shall develop and 14 periodically revise rules and guidelines to ((eliminate)): Eliminate 15 discrimination prohibited in RCW 28A.642.010 and 28A.320.233 as it 16 applies to public school employment, counseling and guidance services 17 to students, recreational and athletic activities for students, 18 access to course offerings, and in textbooks, instructional 19 materials, and supplemental instructional materials, and student 20 access to those materials; and ensure compliance with the 21 requirements of RCW 28A.642.080. The adoption of rules to ensure 22 compliance with the requirements of RCW 28A.642.080 must be completed 23 by December 31, 2025. 24 (2) For the purposes of this section, "supplemental instructional 25 materials" has the same meaning as in RCW 28A.320.235. 26 PART TWO 27 THE STATEMENT OF STUDENT RIGHTS 28 NEW SECTION. Sec. 201. (1) The legislature finds that public 29 education is a cornerstone of a healthy, diverse, and productive 30 society. 31 (2) Article IX of the Washington Constitution requires the state 32 to make ample provision for the education of all children residing 33 within its borders. This requirement recognizes that public schools 34 are foundational to our democracy, working in partnership with 35 families and communities to shape the next generation of leaders into 36 p. 5 HB 1296 respectful and engaged critical thinkers, resulting in economic 1 prosperity and innovation for the state and its residents. 2 (3) In recognition of the role that public education can play in 3 providing students with information about their rights and about how 4 to employ their rights for the betterment of education and society, 5 the legislature intends to require each school district, charter 6 school, and state-tribal education compact school to develop student- 7 focused educational and promotional materials, for communication and 8 classroom use, that incorporate the statement of student rights 9 established in section 202 of this act. 10 NEW SECTION. Sec. 202. A new section is added to chapter 11 28A.230 RCW to read as follows: 12 (1)(a) Each school district, charter school, and state-tribal 13 education compact school shall develop student-focused educational 14 and promotional materials that incorporate the statement of student 15 rights provided by this section. A link to the materials must be made 16 available on school district, charter school, and state-tribal 17 compact school websites, social media platforms, and other 18 communication channels used by students. The materials must also be 19 incorporated into civics education curricula provided to students in 20 accordance with RCW 28A.230.094. 21 (b) The office of the superintendent of public instruction shall 22 make the statement of student rights available on its website and is 23 encouraged to include the statement in materials provided under RCW 24 28A.230.150. 25 (2) The statement of student rights is as follows: 26 (a)(i) Public school students are subject to the Declaration of 27 Independence and the United States Constitution, and its privileges 28 and protections, including: 29 (A) The free exercise of religion; 30 (B) The freedom of speech; 31 (C) The right to peaceably assemble; 32 (D) The right to petition the government for a redress of 33 grievances; 34 (E) The freedom from unreasonable searches and seizures; 35 (F) The right to a due process of law; 36 (G) The right to equal protection of the laws; and 37 (H) The right to life, liberty, and the pursuit of happiness. 38 p. 6 HB 1296 (ii) Public school students are subject to numerous privileges 1 and protections derived from federal statutes, examples of which 2 include: 3 (A) The right to be free from discrimination with regard to 4 accessing education programs and activities offered by a recipient of 5 federal financial assistance; 6 (B) The right of students with qualifying disabilities to receive 7 special education and related services that address their individual 8 needs; and 9 (C) The right of students with disabilities to be free from 10 discrimination with regard to accessing education programs and 11 facilities. 12 (b)(i) Public school students are subject to the state 13 Constitution and its privileges and protections, including: 14 (A) The right of petition and peaceable assemblage; 15 (B) The freedom to speak, write, and publish on all subjects; 16 (C) The right to not be disturbed in private affairs without 17 authority of law; 18 (D) The right to absolute freedom of conscience in all matters of 19 religious sentiment, belief, and worship; 20 (E) The right to attend public schools that are funded in a 21 manner that is consistent with the state's paramount duty of making 22 ample provision for the education of all children residing within its 23 borders; 24 (F) The right to have schools that are maintained wholly or 25 partially by public funds free from sectarian control or influence; 26 (G) The right for minors to receive an education while residing 27 in a criminal justice facility; 28 (H) The right of qualified persons to utilize education 29 facilities and services established and funded for the benefit of 30 persons who are deaf, blind, or both; and 31 (I) The right of qualified persons to vote at all elections, 32 including elections for school directors, members of the legislature, 33 and the superintendent of public instruction. 34 (ii) Public school students are subject to numerous privileges 35 and protections derived from state statutes, examples of which 36 include: 37 (A) The right to access, without tuition, a school district's 38 kindergarten through 12th grade basic education program for students 39 of qualifying age; 40 p. 7 HB 1296 (B) The right to a basic education that provides students with 1 opportunities to develop the knowledge and skills necessary to meet 2 state-established graduation requirements, which are intended to 3 provide students with the opportunity to graduate with a meaningful 4 diploma that prepares them for postsecondary education, gainful 5 employment, and citizenship; 6 (C) Due process rights related to disciplinary measures and 7 education access; and 8 (D) The right to access a learning environment with historically 9 and scientifically accurate information that includes the histories, 10 contributions, and perspectives of historically marginalized and 11 underrepresented groups as provided in RCW 28A.345.130, and provides 12 students with an appreciation for the contributions and perspectives 13 of diverse, global cultures. 14 (3) The rights identified in this section are not intended to be 15 a comprehensive delineation of student rights or the manner in which 16 they are derived, nor is this section intended to have any 17 application to rights established in other titles or in other 18 provisions of state and federal law. 19 (4) For purposes of this section, "public schools" has the same 20 meaning as in RCW 28A.150.010. 21 NEW SECTION. Sec. 203. Sections 201 and 202 of this act may be 22 known and cited as the statement of student rights act. 23 PART THREE 24 RIGHTS OF PARENTS AND LEGAL GUARDIANS 25 Sec. 301. RCW 28A.605.005 and 2024 c 4 s 1 are each amended to 26 read as follows: 27 (1) The legislature finds that: (a) Parents are the primary 28 stakeholders in their children's upbringing; (b) parental involvement 29 is a significant factor in increasing student achievement; and (c) 30 access to student information encourages greater parental 31 involvement. 32 (2) ((Parents)) The rights of parents and legal guardians ((of 33 public school children younger than 18 years old have all of the 34 following rights)) include the right to enroll their child of 35 qualifying age in a public school, regardless of sincerely held 36 beliefs, housing status, immigration status, English language 37 p. 8 HB 1296 proficiency, or disability, and to provide for the instruction of 1 their child through an approved private school or home-based 2 instruction. Parents and legal guardians who enroll their child in a 3 public school have additional rights related to their child's 4 enrollment, including to: 5 (a) ((To examine the textbooks, curriculum, and supplemental 6 material used in)) Access their child's classroom and school 7 sponsored activities in order to observe class procedure, teaching 8 material, and class conduct as provided in RCW 28A.605.020; 9 (b)(((i) To inspect their child's public school records in 10 accordance with RCW 28A.605.030, and to receive a copy of their 11 child's records within 10 business days of submitting a written 12 request, either electronically or on paper. 13 (ii))) Inspect and review the education records of their child 14 within a reasonable period of time, but not more than 45 days, of 15 submitting a request in accordance with the federal family 16 educational rights and privacy act and RCW 28A.605.030; 17 (i) Parents ((or)) and legal guardians ((must)) choosing to 18 inspect and review their child's education records may not be 19 required by a public school to ((appear)): Appear in person for the 20 purposes of requesting ((or validating a request for their child's 21 public school records. 22 (iii) No charge may be imposed on a parent or legal guardian to 23 receive such)) the education records, provided the public school can 24 ascertain the identity of the requestor; or pay a fee or other charge 25 to receive the education records electronically. Any fees or charges 26 required of parents or legal guardians by a public school for a paper 27 copy of ((such)) their child's education records must be reasonable 28 and set forth in the official policies and procedures of the public 29 school ((district. 30 (iv) Public school records include all of)); 31 (ii) "Education records" include the following: 32 (A) Academic records of their child including, but not limited 33 to, grades, transcripts, and test and assessment scores in accordance 34 with RCW 28A.230.195; 35 (B) ((Medical or health records; 36 (C) Records of any mental health counseling; 37 (D))) Records of any ((vocational)) graduation, college, and 38 career counseling, including career and technical education 39 counseling; 40 p. 9 HB 1296 (((E))) (C) Records of discipline, including expulsions and 1 suspensions under RCW 28A.600.015 and 28A.600.020; 2 (((F))) (D) Records of attendance, including unexcused absences 3 in accordance with RCW 28A.225.020; and 4 (((G))) (E) Records associated with ((a)) their child's screening 5 for ((learning challenges, exceptionalities, plans for an 6 individualized education program)) indications of or areas associated 7 with dyslexia under RCW 28A.320.260, highly capable programs under 8 RCW 28A.185.030, plans for an individualized education program in 9 accordance with the federal individuals with disabilities education 10 act, or ((plan)) plans adopted under section 504 of the 11 rehabilitation act of 1973; ((and 12 (H) Any other student-specific files, documents, or other 13 materials that are maintained by the public school; 14 (c) To receive prior notification when medical services are being 15 offered to their child, except where emergency medical treatment is 16 required. In cases where emergency medical treatment is required, the 17 parent and legal guardian must be notified as soon as practicable 18 after the treatment is rendered; 19 (d) To receive notification when any medical service or 20 medications have been provided to their child that could result in 21 any financial impact to the parent's or legal guardian's health 22 insurance payments or copays; 23 (e) To receive notification when the school has arranged directly 24 or indirectly for medical treatment that results in follow-up care 25 beyond normal school hours. Follow-up care includes monitoring the 26 child for aches and pains, medications, medical devices such as 27 crutches, and emotional care needed for the healing process; 28 (f) To receive immediate notification if a criminal action is 29 deemed to have been committed against their child or by their child; 30 (g) To receive immediate notification if law enforcement 31 personnel question their child, except in cases where the parent or 32 legal guardian has been accused of abusing or neglecting the child; 33 (h) To receive)) (c) Receive immediate notification if their 34 child is taken or removed from the public school campus ((without 35 parental permission, including to stay at a youth shelter or "host 36 home" as defined in RCW 74.15.020; 37 (i) To receive assurance their child's public school will not 38 discriminate against their child based upon the sincerely held 39 p. 10 HB 1296 religious beliefs of the child's family in accordance with chapter)) 1 in violation of requirements under RCW 28A.605.010; 2 (d) Have their child receive a public education in a setting in 3 which discrimination on the basis of sex, race, creed, religion, 4 color, national origin, honorably discharged veteran or military 5 status, sexual orientation, including gender expression or identity, 6 the presence of any sensory, mental, or physical disability, or the 7 use of a trained dog guide or service animal by a person with a 8 disability is prohibited under chapters 28A.640 and 28A.642 RCW; 9 (((j) To receive)) (e) Receive written notice ((and the option)) 10 from the school district in accordance with the federal protection of 11 pupil rights amendment about the opportunity to opt their child out 12 of any surveys((, assignments, questionnaires, role-playing 13 activities, recordings of their child, or other student engagements 14 that include questions about any of the following: 15 (i) The child's sexual experiences or attractions; 16 (ii) The child's family beliefs, morality, religion, or political 17 affiliations; 18 (iii) Any mental)) analyses, or evaluations that may reveal 19 information concerning: 20 (i) Political affiliations or beliefs of the student or the 21 student's parent; 22 (ii) Mental health or psychological problems of the ((child or a 23 family member; and 24 (iv) All surveys, analyses, and evaluations subject to areas 25 covered by the protection of pupil rights amendment of the family 26 educational rights and privacy act; 27 (k) To receive)) student or the student's family; 28 (iii) Sex behaviors or attitudes; 29 (iv) Illegal, antisocial, self-incriminating, or demeaning 30 behavior; 31 (v) Critical appraisals of other individuals with whom 32 respondents have close family relationships; 33 (vi) Legally recognized privileged or analogous relationships, 34 such as those of lawyers, physicians, and ministers; 35 (vii) Religious practices, affiliations, or beliefs of the 36 student or the student's parent; or 37 (viii) Income, other than that required by law to determine 38 eligibility for participation in a program or for receiving financial 39 assistance under such program; 40 p. 11 HB 1296 (f) Receive written notice from the public school and have the 1 option to opt their child out of ((instruction on topics associated 2 with)) comprehensive sexual ((activity)) health education in 3 accordance with RCW 28A.300.475; 4 (((l) To receive)) (g) Receive from the public school the annual 5 school calendar, no later than 30 days prior to the beginning of the 6 school year, and to be notified in writing as soon as feasible of any 7 revisions to such calendar. Such calendar must be posted to the 8 public school's website and must include, at a minimum, student 9 attendance days and any known event that requires parent, legal 10 guardian, or student attendance outside of normal school days or 11 hours; 12 (((m) To receive)) (h) Receive in writing each year from the 13 public school or to view on the public school's website a 14 comprehensive listing of any required fee and its purpose and use and 15 a description of how economic hardships may be ((addressed; 16 (n) To receive)) considered in the administration of fees; 17 (i) Receive in writing each year from the public school or to 18 view on the public school's website a description of the public 19 school's required dress code or uniform established ((pursuant to)) 20 in accordance with RCW 28A.320.140, if applicable, for students; 21 ((and 22 (o) To be)) (j) Be informed ((if)) by the public school of their 23 child's academic performance((, including whether their child is 24 provided a student learning plan under RCW 28A.655.270, is such that 25 it could threaten the child's ability to be promoted to the next 26 grade level and to be offered an in-person meeting with the child's 27 classroom teacher and principal to discuss any resources or 28 strategies available to support and encourage the child's academic 29 improvement)) in accordance with RCW 28A.150.240, 28A.230.195, 30 28A.655.230, 28A.320.203, and 28A.230.730, including, as applicable, 31 notifications about grade level advancement and meetings with the 32 child's classroom teacher to discuss any resources or strategies 33 available to support and encourage the child's academic improvement; 34 (k) File a complaint on behalf of their child under RCW 35 28A.600.477 relating to harassment, intimidation, and bullying; 36 (l) Have their child qualify for enrollment in a school district 37 if they are transferred to, or pending transfer to, a military 38 installation within the state in accordance with RCW 28A.225.216; 39 p. 12 HB 1296 (m) Have their child qualify without a legal residence for 1 enrollment in a school district in accordance with RCW 28A.225.215; 2 (n) Have their child whose primary language is not English access 3 supplemental instruction and services through the transitional 4 bilingual instruction program in accordance with RCW 28A.150.220; 5 (o) Receive annual notice of the public school's language access 6 policies and services, the parents' rights to free language access 7 services under Title IV of the civil rights act of 1964, 42 U.S.C. 8 Sec. 2000d, et seq., and the contact information for any language 9 access services under RCW 28A.183.040; 10 (p) Request enrollment for their child in a nonresident school 11 district in accordance with RCW 28A.225.220, 28A.225.225, and 12 28A.225.230; 13 (q) Be notified of unexcused absences and to engage in efforts to 14 eliminate or reduce their child's absences in accordance with RCW 15 28A.225.015, 28A.225.018, and 28A.225.020; 16 (r) Request, under RCW 28A.155.090, information about special 17 education programs and assistance for their child if their child is 18 eligible for but not receiving special education services, including 19 due to illness; 20 (s) Request an appeal to the superintendent of public instruction 21 under RCW 28A.155.080 if their child with disabilities has been 22 denied the opportunity of a special education program by a school 23 district; and 24 (t) Access special education due process hearings regarding their 25 child as required by RCW 28A.155.020. 26 (3) Notwithstanding anything to the contrary, a public school 27 shall not be required to release any records or information regarding 28 a student's ((medical or health records or mental health counseling)) 29 health care, social work, counseling, or disciplinary records to a 30 parent or legal guardian who is the defendant in a criminal 31 proceeding where the student is the named victim, or during the 32 pendency of an investigation of child abuse or neglect conducted by 33 any law enforcement agency or the department of children, youth, and 34 families where the parent or legal guardian is the target of the 35 investigation, unless the parent or legal guardian has obtained a 36 court order. 37 (4) ((As used in this section "public)) The definitions in this 38 subsection apply throughout this section unless the context clearly 39 requires otherwise. 40 p. 13 HB 1296 (a) "Education records" means records that contain information 1 directly related to a student and are maintained by the public 2 school, except as provided in the federal family educational rights 3 and privacy act. "Education records" do not include records that are 4 kept in the sole possession of the maker, are used only as a personal 5 memory aid, and are not accessible or revealed to any other person 6 except a temporary substitute for the maker of the record. 7 (b) "Public school" has the same meaning as in RCW 28A.150.010. 8 PART FOUR 9 RETALIATION PROTECTIONS 10 NEW SECTION. Sec. 401. A new section is added to chapter 11 28A.400 RCW to read as follows: 12 (1) School district employees and directors may not take an 13 adverse employment action against any employee of the school district 14 for: 15 (a) Supporting students in the exercise of their legal rights, 16 including their right to a learning environment with historically and 17 scientifically accurate information that: Includes the histories, 18 contributions, and perspectives of historically marginalized and 19 underrepresented groups as provided in RCW 28A.345.130; and provides 20 students with an appreciation for the contributions and perspectives 21 of diverse, global cultures; or 22 (b) Performing work in a manner consistent with RCW 28A.642.080, 23 28A.642.020, and 28A.605.005, and sections 101, 201, and 202 of this 24 act. 25 (2) In addition to the prohibitions established in subsection (1) 26 of this section, school district employees and directors may not take 27 an adverse employment action against a teacher of the school district 28 for: 29 (a) Instructing students in a manner consistent with state 30 learning standards; or 31 (b) Using instructional materials approved in accordance with RCW 32 28A.320.230 that are culturally and experientially representative, 33 including materials on the study of the role and contributions of 34 individuals or groups that are part of a protected class under RCW 35 28A.642.010 and 28A.640.010. 36 (3) For the purposes of this section, an "adverse employment 37 action" includes termination, demotion, suspension, discipline, 38 p. 14 HB 1296 denial of promotion, reassignment, negatively impacting the 1 evaluation of certificated staff under RCW 28A.405.100, removal from, 2 or denying access to, a supplemental contract, or otherwise taking 3 any negative employment action against the employee. 4 (4) This section governs school operation and management under 5 RCW 28A.710.040 and 28A.715.020, and applies to charter schools 6 established under chapter 28A.710 RCW and state-tribal education 7 compact schools subject to chapter 28A.715 RCW to the same extent as 8 it applies to school districts. 9 PART FIVE 10 MISCELLANEOUS PROVISIONS 11 NEW SECTION. Sec. 501. This act is necessary for the immediate 12 preservation of the public peace, health, or safety, or support of 13 the state government and its existing public institutions, and takes 14 effect immediately. 15 --- END --- p. 15 HB 1296

CERTIFICATION OF ENROLLMENT ENGROSSED SUBSTITUTE HOUSE BILL 1296 Chapter 369, Laws of 2025 69th Legislature 2025 Regular Session PUBLIC EDUCATION SYSTEM—RIGHTS EFFECTIVE DATE: May 20, 2025—Except for section 308, which takes effect August 1, 2025. Passed by the House April 24, 2025 Yeas 59 Nays 39 LAURIE JINKINS Speaker of the House of Representatives Passed by the Senate April 11, 2025 Yeas 30 Nays 19 DENNY HECK President of the Senate CERTIFICATE I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 1296 as passed by the House of Representatives and the Senate on the dates hereon set forth. BERNARD DEAN Chief Clerk Approved May 20, 2025 9:37 AM FILED May 21, 2025 BOB FERGUSON Governor of the State of Washington Secretary of State State of Washington AN ACT Relating to promoting a safe and supportive public 1 education system through student rights, parental and guardian 2 rights, employee protections, and requirements for state and local 3 education entities; amending RCW 28A.642.010, 28A.230.094, 4 43.06B.070, 28A.300.286, 28A.343.360, 28A.710.185, 28A.605.005, 5 28A.320.160, and 28A.400.317; adding a new section to chapter 28A.320 6 RCW; adding a new section to chapter 28A.642 RCW; adding a new 7 section to chapter 28A.230 RCW; adding new sections to chapter 8 28A.300 RCW; adding a new section to chapter 28A.410 RCW; adding a 9 new section to chapter 28A.710 RCW; adding a new section to chapter 10 28A.715 RCW; adding a new section to chapter 28A.400 RCW; creating 11 new sections; providing an effective date; and declaring an 12 emergency. 13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 14 PART ONE 15 PROTECTION OF STUDENTS' SAFETY, EDUCATION ACCESS, AND PRIVACY 16 NEW SECTION. Sec. 101. A new section is added to chapter 17 28A.320 RCW to read as follows: 18 (1) It is the policy of the state of Washington that policies and 19 procedures adopted by school districts under this title must 20 ENGROSSED SUBSTITUTE HOUSE BILL 1296 AS AMENDED BY THE SENATE Passed Legislature - 2025 Regular Session State of Washington 69th Legislature 2025 Regular Session By House Education (originally sponsored by Representatives Stonier, Macri, Lekanoff, Doglio, Berry, Salahuddin, Davis, Ramel, Obras, Reed, Ormsby, Scott, Nance, Bergquist, Fitzgibbon, Parshley, Alvarado, Kloba, Pollet, Peterson, Fey, Simmons, Hill, and Fosse) READ FIRST TIME 02/03/25. p. 1 ESHB 1296.SL prioritize the protection of every student's safety, access to an 1 academic environment free of discrimination, access to the state's 2 statutory program of basic education as defined in RCW 28A.150.203, 3 and privacy, to the fullest extent possible, except as required by 4 state or federal law. This policy serves as a supplement to school 5 district policies and procedures established under this title, both 6 before and after the effective date of this section, and must be 7 considered an integral part of those school district policies and 8 procedures. 9 (2) The office of the superintendent of public instruction shall 10 develop technical assistance and related materials to assist school 11 districts with the implementation of subsection (1) of this section. 12 The assistance and related materials must include a summary of: The 13 privacy rights of minors; and the licensure or other professional 14 requirements for school district employment classifications, if any, 15 related to protecting student privacy. 16 (3) The office of the superintendent of public instruction may 17 enforce and obtain compliance with subsection (1) of this section by 18 using the process established in section 303 of this act to the 19 extent there is a valid complaint and subsequent finding of willful 20 noncompliance with state law as defined in section 302 of this act. 21 (4) This section governs school operation and management under 22 RCW 28A.710.040 and 28A.715.020, and applies to charter schools 23 established under chapter 28A.710 RCW and state-tribal education 24 compact schools subject to chapter 28A.715 RCW to the same extent as 25 it applies to school districts. 26 NEW SECTION. Sec. 102. A new section is added to chapter 27 28A.642 RCW to read as follows: 28 The definitions in this section apply throughout this chapter 29 unless the context clearly requires otherwise. 30 (1) "Ethnicity" means a connection to a population group that 31 shares a common cultural heritage or ancestry. 32 (2) "Gender expression" means the external appearance of one's 33 gender identity, usually expressed through behavior, clothing, body 34 characteristics, or voice, and which may or may not conform to 35 socially defined behaviors and characteristics typically associated 36 with being either masculine or feminine. 37 p. 2 ESHB 1296.SL (3) "Gender identity" means a person's internal sense of being 1 male, female, both, neither, or in-between, independent of how it is 2 expressed or perceived by others. 3 (4) "Homelessness" means without a fixed, regular, and adequate 4 nighttime residence, including circumstances such as sharing the 5 housing of other persons due to loss of housing, economic hardship, 6 fleeing domestic violence, or a similar reason as set forth in the 7 federal McKinney-Vento homeless assistance act, 42 U.S.C. Sec. 11301 8 et seq. 9 (5) "Immigration or citizenship status" has the same meaning as 10 defined in RCW 43.17.420. 11 (6) "Neurodivergence" means neurological differences including, 12 but not limited to, autism spectrum disorder, dyslexia, and attention 13 deficit hyperactivity disorder. Neurodivergent individuals may or may 14 not identify as disabled. 15 (7) "Sexual orientation" means an individual's enduring pattern 16 of romantic, emotional, or sexual attraction to people of the same 17 gender, a different gender, or multiple genders. 18 Sec. 103. RCW 28A.642.010 and 2010 c 240 s 2 are each amended to 19 read as follows: 20 Discrimination in Washington public schools on the basis of race, 21 ethnicity, creed, religion, color, national origin, honorably 22 discharged veteran or military status, sexual orientation 23 ((including)), gender expression ((or)), gender identity, 24 homelessness, immigration or citizenship status, the presence of any 25 sensory, mental, or physical disability, neurodivergence, or the use 26 of a trained dog guide or service animal by a person with a 27 disability is prohibited. The definitions given these terms in 28 chapter 49.60 RCW apply throughout this chapter except as provided in 29 section 102 of this act and unless the context clearly requires 30 otherwise. 31 PART TWO 32 THE STATEMENT OF STUDENT RIGHTS 33 NEW SECTION. Sec. 201. (1) The legislature finds that public 34 education is a cornerstone of a healthy, diverse, and productive 35 society. 36 p. 3 ESHB 1296.SL (2) Article IX of the state Constitution requires the state to 1 make ample provision for the education of all children residing 2 within its borders. This requirement recognizes that public schools 3 are foundational to our democracy, working in partnership with 4 families and communities to shape the next generation of leaders into 5 respectful and engaged critical thinkers, resulting in economic 6 prosperity and innovation for the state and its residents. 7 (3) In recognition of the role that public education can play in 8 providing students with information about their rights and about how 9 to employ their rights for the betterment of education and society, 10 the legislature intends to require each school district, charter 11 school, and state-tribal education compact school to develop student- 12 focused educational and promotional materials, for communication and 13 classroom use, that incorporate the statement of student rights 14 established in section 202 of this act. 15 NEW SECTION. Sec. 202. A new section is added to chapter 16 28A.230 RCW to read as follows: 17 (1)(a)(i) Each school district, charter school, and state-tribal 18 education compact school shall develop student-focused educational 19 and promotional materials that incorporate the statement of student 20 rights provided by this section. A link to the materials must be made 21 available on school district, charter school, and state-tribal 22 education compact school websites, social media platforms, and other 23 communication channels used by students. 24 (ii) The materials described in this subsection must also be 25 incorporated into civics education materials and resources provided 26 to students in accordance with RCW 28A.230.094. 27 (b) The office of the superintendent of public instruction shall 28 make the statement of student rights available on its website and is 29 encouraged to include the statement in materials provided under RCW 30 28A.230.150. 31 (2) The statement of student rights is as follows: 32 (a) Public school students are the beneficiaries of the 33 foundational principles of individual liberty and equality, as 34 established in the Declaration of Independence, and are entitled to 35 numerous rights and protections under the Constitution of the United 36 States, the Constitution of the state of Washington, and federal and 37 state laws and regulations. 38 p. 4 ESHB 1296.SL (b) These rights and protections include, but are not limited to, 1 the following: 2 (i) The right to access an amply funded program of basic 3 education, established pursuant to Article IX of the Constitution of 4 the state of Washington, that provides an opportunity to develop the 5 knowledge and skills necessary to meet state-established graduation 6 requirements, which are intended to provide students with the 7 opportunity to graduate with a meaningful diploma that prepares them 8 for postsecondary education, gainful employment, and citizenship as 9 established in RCW 28A.150.200; 10 (ii) The right to learn in a safe, supportive learning 11 environment, free from harassment, intimidation, or bullying and the 12 right to file a complaint under RCW 28A.600.477 if they are subject 13 to this behavior; 14 (iii) The right to access an academic environment free of 15 discrimination according to the provisions established in chapters 16 28A.640, 28A.642, and 49.60 RCW; 17 (iv) The right to exercise constitutionally protected freedoms as 18 established in the United States and Washington state Constitutions 19 and as further interpreted in applicable case law including, but not 20 limited to, the freedoms of speech, assembly, and exercise of 21 religion; 22 (v) The right, in accordance with RCW 28A.300.286 and 23 28A.600.010, to receive copies of all school policies and procedures 24 related to students including, but not limited to: Student conduct; 25 nondiscrimination rules; antiharassment, intimidation, and bullying 26 rules; discipline rules and rules related to due process rights for 27 disciplinary actions; and the opportunity to receive educational 28 services; 29 (vi) The right of students with qualifying disabilities to 30 receive special education and related services that address their 31 individual needs in accordance with federal law and chapter 28A.155 32 RCW; 33 (vii) The right of youth to access education programs while 34 residing in institutional education facilities, including adult 35 correctional facilities, in accordance with RCW 28A.150.200 and 36 chapters 28A.190 and 28A.193 RCW; 37 (viii) The right of qualified students to use education 38 facilities and services established under chapter 72.40 RCW and 39 funded for the benefit of persons who are deaf, blind, or both; and 40 p. 5 ESHB 1296.SL (ix) The right to access academic courses and instructional 1 materials with historically and scientifically accurate information 2 that includes the histories, contributions, and perspectives of 3 historically marginalized and underrepresented groups in accordance 4 with RCW 28A.345.130. 5 (3) The rights identified in this section are not intended to be 6 a comprehensive delineation of student rights, the manner in which 7 they are derived, or the associated legal limits, nor is this section 8 intended to have any application to rights established in other 9 titles or in other provisions of state and federal law. 10 (4) For purposes of this section, "public schools" has the same 11 meaning as in RCW 28A.150.010. 12 (5) Nothing in this section creates a private right of action. 13 Sec. 203. RCW 28A.230.094 and 2020 c 208 s 9 are each amended to 14 read as follows: 15 (1)(a) Beginning with or before the 2020-21 school year, each 16 school district that operates a high school must provide a mandatory 17 one-half credit stand-alone course in civics for each high school 18 student. Except as provided by (c) of this subsection, civics content 19 and instruction embedded in other social studies courses do not 20 satisfy the requirements of this subsection. 21 (b) Credit awarded to students who complete the civics course 22 must be applied to course credit requirements in social studies that 23 are required for high school graduation. 24 (c) Civics content and instruction required by this section may 25 be embedded in social studies courses that offer students the 26 opportunity to earn both high school and postsecondary credit. 27 (2) The content of the civics course must include, but is not 28 limited to: 29 (a) Federal, state, tribal, and local government organization and 30 procedures; 31 (b) Rights and responsibilities of citizens addressed in the 32 Washington state and United States Constitutions, including the 33 statement of student rights and materials delineated in section 202 34 of this act; 35 (c) Current issues addressed at each level of government; 36 (d) Electoral issues, including elections, ballot measures, 37 initiatives, and referenda; 38 p. 6 ESHB 1296.SL (e) The study and completion of the civics component of the 1 federally administered naturalization test required of persons 2 seeking to become naturalized United States citizens; and 3 (f) The importance in a free society of living the basic values 4 and character traits specified in RCW 28A.150.211. 5 (3) By September 1, 2020, the office of the superintendent of 6 public instruction, in collaboration with the Washington state 7 association of county auditors and a 501(c)(3) nonprofit organization 8 engaged in voter outreach and increasing voter participation, shall 9 identify and make available civics materials and resources for use in 10 courses under this section. The materials and resources must be 11 posted on the office of the superintendent of public instruction's 12 website. 13 NEW SECTION. Sec. 204. Sections 201 through 203 of this act may 14 be known and cited as the statement of student rights act. 15 PART THREE 16 ENSURING PROTECTION OF STUDENTS' SAFETY, EDUCATION ACCESS, CIVIL 17 RIGHTS, AND PRIVACY 18 NEW SECTION. Sec. 301. (1) The legislature acknowledges and 19 supports the importance of local control for school district 20 governance. Local school boards and superintendents are in the best 21 position to effectively and quickly respond to the needs of their 22 communities. However, local control is not absolute and must also be 23 balanced against the need to ensure all students have access to a 24 healthy, safe learning environment that celebrates and protects their 25 diversity and civil rights. There are certain areas of state law that 26 are critically important to ensuring every student has equal access 27 to this type of supportive and responsive learning environment. 28 (2) The legislature is aware that some school districts are 29 intentionally not complying with certain requirements in state law 30 and that this noncompliance is negatively impacting students. School 31 board members and superintendents are uniquely responsible for 32 ensuring that their school district is in compliance with those state 33 laws and members of the school district should have a mechanism to 34 hold those individuals accountable if state laws are not followed. 35 (3) The legislature therefore intends to establish a complaint 36 process for students, parents, and community members to address 37 p. 7 ESHB 1296.SL willful noncompliance with certain state laws that are necessary for 1 protecting the health, safety, and civil rights of students in order 2 to ensure every student has access to a positive learning 3 environment. 4 NEW SECTION. Sec. 302. Unless the context clearly requires 5 otherwise, the definitions in this section apply throughout sections 6 303 through 305 of this act. 7 (1) "Broad complaint" means a complaint that impacts an entire 8 student body, an entire subgroup of students within a student body, 9 an entire school, or an entire school district. 10 (2) "Limited complaint" means a complaint that impacts one or 11 more individual students. 12 (3) "Negligent" means the failure to exercise ordinary care by a 13 local school district superintendent, a local school district board 14 of directors, or an individual member or members of a board of 15 directors, and the actor knew or reasonably should have known that 16 the failure to exercise ordinary care would result in noncompliance 17 with state law as defined in this section. 18 (4) "Noncompliance with state law" means action or inaction by a 19 local school district superintendent, a local school district board 20 of directors, or an individual member or members of a board of 21 directors, that results in noncompliance with the following state 22 laws, which are intended to ensure academic rights and protections 23 for students in the educational environment: 24 (a) State civil rights and nondiscrimination, including the 25 nondiscrimination and sexual equality laws and model policy and 26 procedure requirements related to protecting students' rights as 27 established in chapters 28A.640 and 28A.642 RCW; 28 (b) "Harassment, intimidation, or bullying" requirements as 29 established in RCW 28A.600.477; 30 (c) Curriculum requirements as described in RCW 28A.150.230, 31 28A.300.475, and 28A.320.170; the policies and procedures related to 32 the selection or deletion of instructional materials required in RCW 33 28A.320.230; and the review and removal of supplemental instructional 34 materials required in RCW 28A.320.235; 35 (d) The use of restraint or isolation on a student as described 36 in RCW 28A.600.485; or 37 (e) Student discipline as described in chapter 28A.600 RCW. 38 p. 8 ESHB 1296.SL (5) "Willful" means nonaccidental action or inaction by a local 1 school district superintendent, a local school district board of 2 directors, or an individual member or members of a board of 3 directors, that the actor knew or reasonably should have known would 4 result in noncompliance with state law. 5 NEW SECTION. Sec. 303. (1) By July 1, 2026, the office of the 6 superintendent of public instruction must establish a process to 7 investigate and secure equitable resolutions for two types of 8 complaints alleging willful noncompliance with the state laws listed 9 in section 302(4) of this act: 10 (a) Limited complaints; and 11 (b) Broad complaints. 12 (2)(a)(i) Any student who is enrolled in the school district or 13 any parent or legal guardian who has a student enrolled in the school 14 district may file a limited or broad complaint with the office of the 15 superintendent of public instruction alleging willful noncompliance 16 with a state law listed in section 302(4) of this act. 17 (ii) Anyone residing within the boundaries of the school district 18 may file a broad complaint with the office of the superintendent of 19 public instruction alleging willful noncompliance with a state law 20 listed in section 302(4) of this act. 21 (b) Limited and broad complaints may be filed against a local 22 school district superintendent, a local school district board of 23 directors, or an individual member or members of a board of 24 directors. 25 (c) Before a person may file a complaint with the office of the 26 superintendent of public instruction, the person must exhaust 27 available complaint procedures, if such procedures exist, including 28 procedures established under state law including, but not limited to, 29 RCW 28A.320.124, 28A.320.230, 28A.410.090, 28A.600.477, 28A.640.020, 30 and 28A.642.030, and local policy and procedure. If there are no 31 complaint procedures available, the person who intends to file the 32 complaint must provide notice of the complaint to the local school 33 district superintendent before filing the complaint with the office 34 of the superintendent of public instruction. 35 (3)(a) The office of the superintendent of public instruction 36 must adopt rules that ensure due process regarding the complaint 37 process, timelines, compliance action plans, and consequences 38 established under this section and sections 304 and 305 of this act. 39 p. 9 ESHB 1296.SL (b)(i) The office of the superintendent of public instruction 1 must consult with the state board of education to build a connection 2 between the rules adopted under this subsection and the state board 3 of education's rules on basic education compliance established under 4 RCW 28A.150.220 for complaints regarding willful noncompliance with 5 curriculum requirements as described in section 302(4)(c) of this 6 act. 7 (ii) The office of the superintendent of public instruction must 8 consult with the office of the education ombuds about how to include 9 the complaint process established under this section into the simple 10 and uniform access point for the receipt of complaints created under 11 RCW 43.06B.070. 12 (c) The office of the superintendent of public instruction may 13 adopt rules to expedite the investigation of complaints related to an 14 immediate health or safety concern. 15 (d) The office of the superintendent of public instruction may 16 not take action against a school district or school district 17 superintendent under the provisions established in section 305 of 18 this act unless there is evidence that the school district 19 superintendent, school district board of directors, or individual 20 member or members of a board of directors acted in a willful manner 21 or the school district has received a second notice of continued 22 noncompliance. 23 NEW SECTION. Sec. 304. (1)(a) Upon receipt of a complaint filed 24 under section 303 of this act, the office of the superintendent of 25 public instruction must make an initial determination as to whether 26 the complaint reasonably contains enough facts to allege 27 noncompliance with state law as defined in section 302 of this act 28 and whether other available complaint procedures have been exhausted 29 as required by section 303 of this act. 30 (b) If the requirements in (a) of this subsection are met, the 31 office of the superintendent of public instruction shall conduct a 32 full investigation of the allegations in the complaint. 33 (c) If the requirements in (a) of this subsection are not met, 34 the office of the superintendent of public instruction shall notify 35 the complainant of that finding and is not required to investigate 36 further. 37 (2)(a) If, after a full investigation as required under 38 subsection (1)(b) of this section, the office of the superintendent 39 p. 10 ESHB 1296.SL of public instruction finds noncompliance with state law, but 1 determines the noncompliance is not willful, the office of the 2 superintendent of public instruction shall provide the school 3 district with a first notice stating its determination of 4 noncompliance and identify corrective actions and a timeline that the 5 school district may take to come into compliance. 6 (b) If the school district fails to comply with the corrective 7 actions identified in the first notice within the prescribed 8 timeline, the office of the superintendent of public instruction 9 shall provide the school district a second notice stating that 10 continued failure to comply with corrective actions may result in 11 consequences as established in section 305 of this act. Upon receipt 12 of a second notice, the school district superintendent and school 13 district board of directors must adopt and submit a compliance action 14 plan to the office of the superintendent of public instruction for 15 approval. The compliance action plan must describe how the school 16 district will implement the corrective actions identified by the 17 office of the superintendent of public instruction. Unless otherwise 18 required by subsection (4) of this section, the compliance action 19 plan must be submitted under a timeline as required by the office of 20 the superintendent of public instruction. 21 (c) Before submitting the compliance action plan to the office of 22 the superintendent of public instruction for approval, the school 23 district board of directors must hold a public meeting to present the 24 proposed compliance action plan to the community and allow for public 25 comment on the proposed plan. For all such public meetings, 26 individual students may not be identified without their consent, and 27 the public meetings and materials prepared for such meetings must 28 adhere to nondisclosure of personally identifiable information 29 consistent with state and federal student privacy laws. 30 (3)(a) If, after a full investigation as required under 31 subsection (1)(b) of this section, the office of the superintendent 32 of public instruction finds willful noncompliance with state law, the 33 office of the superintendent of public instruction shall provide the 34 school district with a first notice stating its determination of 35 willful noncompliance and identify corrective actions and a timeline 36 that the school district may take to come into compliance. Upon 37 receipt of the first notice, the school district board of directors 38 shall hold a public meeting to present the finding of willful 39 noncompliance with state law, the identified corrective actions and 40 p. 11 ESHB 1296.SL timeline for those actions, and take public comment on what 1 additional actions the public thinks may be needed to come into 2 compliance with state law. 3 (b) If the school district fails to comply with the corrective 4 actions identified in the first notice within the prescribed 5 timeline, the office of the superintendent of public instruction 6 shall provide the school district a second notice stating that 7 continued failure to comply with corrective actions may result in 8 consequences as established in section 305 of this act. Upon receipt 9 of a second notice, the school district superintendent and school 10 district board of directors must adopt and submit a compliance action 11 plan to the office of the superintendent of public instruction for 12 approval. The compliance action plan must describe how the school 13 district will implement the corrective actions identified by the 14 office of the superintendent of public instruction. Unless otherwise 15 required by subsection (4) of this section, the compliance action 16 plan must be submitted under a timeline as required by the office of 17 the superintendent of public instruction. The compliance action plan 18 must be developed in collaboration with the office of the 19 superintendent of public instruction. In developing the compliance 20 action plan, the school district must provide school district 21 administrators, teachers, and other staff, parents of children 22 attending a school within the school district, unions representing 23 employees within the school district, students from the school 24 district, and other impacted communities as appropriate with an 25 opportunity to provide input on the development of the plan. 26 (c) Before submitting the compliance action plan to the office of 27 the superintendent of public instruction for approval, the school 28 district board of directors must hold a public meeting to present the 29 proposed compliance action plan to the community and allow for public 30 comment on the proposed plan. For all such public meetings, 31 individual students may not be identified without their consent, and 32 the public meetings and materials prepared for such meetings must 33 adhere to nondisclosure of personally identifiable information 34 consistent with state and federal student privacy laws. 35 (d) After submission and approval of the compliance action plan, 36 the school district shall conduct additional public meetings with an 37 opportunity for public comment at least once every six months to 38 present school district progress on implementation of the compliance 39 p. 12 ESHB 1296.SL action plan until the superintendent of public instruction finds that 1 the school district has come into compliance with state law. 2 (4) A compliance action plan developed under this section must, 3 at a minimum, include the following: 4 (a) A description of the changes in the school district's or 5 school's existing policies, structures, agreements, processes, and 6 practices needed to come into compliance with state law; and 7 (b) The timeline for coming into compliance with state law. 8 (5) Compliance action plans must be developed in accordance with 9 chapters 41.56 and 41.59 RCW where applicable. 10 (6) The office of the superintendent of public instruction may 11 develop and publish additional guidelines for the development of 12 compliance action plans as required by this section for use by school 13 districts. 14 NEW SECTION. Sec. 305. (1) The office of the superintendent of 15 public instruction may impose any of the following consequences on a 16 school district if the district has been sent a second notice under 17 the provisions of section 304 of this act: 18 (a) Require the school district to adopt or readopt policies and 19 procedures to come into compliance with state law; 20 (b) Find that a local school district superintendent committed an 21 act of unprofessional conduct under section 309 of this act and may 22 be held accountable for such conduct under rules established under 23 section 309 of this act; and 24 (c) As a last resort, withhold and redirect up to 20 percent of 25 state funds allocated to the school district for basic education to 26 support the compliance action plan required in section 304 of this 27 act until the office of the superintendent of public instruction 28 finds that the school district has come into compliance with state 29 law. The office of the superintendent of public instruction must 30 consider the school district's overall financial health when 31 determining the amount of funds to withhold and redirect under this 32 subsection. Written notice of the intent to withhold and redirect 33 state funds, with reasons stated for this action, must be made to the 34 school district by the office of the superintendent of public 35 instruction before any portion of the state allocation is withheld 36 and redirected. 37 (2) Willful or negligent noncompliance with state law constitutes 38 a violation of the oath of office under RCW 29A.56.110, and a member 39 p. 13 ESHB 1296.SL of a board of directors may be subject to recall and discharge under 1 chapter 29A.56 RCW. 2 (3) Sections 303 and 304 of this act and this section do not 3 restrict any existing authority the office of the superintendent of 4 public instruction has to enforce compliance with state law, 5 including health and safety requirements. 6 (4) Any party to a complaint may file a notice of appeal with the 7 office of the superintendent of public instruction within 30 days of 8 the final decision. An administrative law judge of the office of 9 administrative hearings will hear and determine the appeal. Appeal 10 proceedings must be conducted pursuant to chapter 34.05 RCW. An 11 appeal of the administrative law judge's determination or order shall 12 be to the superior court. The superior court's decision is subject 13 only to discretionary review under the rules of appellate procedure. 14 NEW SECTION. Sec. 306. The office of the superintendent of 15 public instruction may enact rules for implementation of sections 302 16 through 305, 312, and 313 of this act. 17 Sec. 307. RCW 43.06B.070 and 2024 c 219 s 1 are each amended to 18 read as follows: 19 (1) By July 1, 2025, and in compliance with this section, the 20 office of the education ombuds shall create a simple and uniform 21 access point for the receipt of complaints involving the elementary 22 and secondary education system. The purpose of the access point is to 23 provide a single point of entry for complaints to be reported and 24 then referred to the most appropriate individual or entity for 25 dispute resolution at the lowest level of intercession. 26 (2) Any individual who has firsthand knowledge of a violation of 27 federal, state, or local laws, policies or procedures, or of improper 28 or illegal actions related to elementary or secondary education and 29 performed by an employee, contractor, student, parent or legal 30 guardian of a student, or member of the public may submit a complaint 31 to the office of the education ombuds. 32 (3)(a) The office shall delineate a complaint resolution and 33 referral process for reports received through the access point. The 34 process must: 35 (i) Require that the office of the education ombuds assign a 36 unique identifier to a complaint upon receipt before referring the 37 p. 14 ESHB 1296.SL complaint to the appropriate individual or entity for dispute 1 resolution at the lowest level of intercession; 2 (ii) Link to all existing relevant complaint and investigative 3 processes, such as the special education community complaint process, 4 the discrimination complaint process, the process for reporting 5 complaints related to harassment, intimidation, and bullying, the 6 complaint process established under section 303 of this act, and the 7 complaint and investigation provisions under RCW 28A.410.090 and 8 28A.410.095; and 9 (iii) Discourage frivolous complaints and complaints made in bad 10 faith. 11 (b) The establishment of a process as required in this section 12 does not confer additional authority to the office of the education 13 ombuds to mitigate or oversee disputes. 14 (4) The office of the education ombuds, in collaboration with the 15 office of the superintendent of public instruction, must develop 16 protocols for the receipt, resolution, and referral of complaints and 17 must design a communications plan to inform individuals who report 18 complaints through the access point about the steps in the complaint 19 resolution and referral process, including when to expect a response 20 from the individual or entity charged with resolving the complaint. 21 (5) For the purposes of this section, "employee" or "contractor" 22 means employees and contractors of the state educational agencies, 23 educational service districts, public schools as defined in RCW 24 28A.150.010, the state school for the blind, and the center for deaf 25 and hard of hearing youth. 26 Sec. 308. RCW 28A.300.286 and 2023 c 242 s 1 are each amended to 27 read as follows: 28 (1) The office of the superintendent of public instruction shall 29 develop, and periodically update, model student handbook language 30 that includes information about ((policies)): 31 (a) Policies and complaint procedures related to discrimination, 32 including sexual harassment and addressing transgender students, and 33 information about policies and complaint procedures related to 34 harassment, intimidation, and bullying, as well as the overlap 35 between the policies and complaint procedures((. The model student 36 handbook language must also include a)); 37 p. 15 ESHB 1296.SL (b) A description of the services available through the office of 1 the education ombuds and the contact information for the office of 2 the education ombuds; and 3 (c) The complaint process established under section 303 of this 4 act. 5 (2) The model student handbook language must be aligned with 6 existing requirements in state law including chapters 28A.640 and 7 28A.642 RCW and RCW 28A.600.477 and 28A.600.510. The model student 8 handbook language must be jointly developed with the Washington state 9 school directors' association, and in consultation with the office of 10 the education ombuds. The model student handbook language must be 11 posted publicly on the office of the superintendent of public 12 instruction's website beginning July 1, 2024. 13 (((2))) (3) Beginning with the 2024-25 school year, each school 14 district must include the model student handbook language developed 15 under subsection (1) of this section in any student, parent, 16 employee, and volunteer handbook that it or one of its schools 17 publishes and on the school district's website, and any school's 18 website, if a school or the school district maintains a website. If a 19 school district neither publishes a handbook nor maintains a website, 20 it must provide the model student handbook language developed under 21 subsection (1) of this section to each student, parent, employee, and 22 volunteer at least annually. 23 NEW SECTION. Sec. 309. A new section is added to chapter 24 28A.410 RCW to read as follows: 25 (1) The Washington professional educator standards board must 26 adopt rules that make a local school district superintendent's or 27 chief administrator's willful noncompliance with state law an act of 28 unprofessional conduct and provide that a superintendent or chief 29 administrator, whether certificated or not, may be held accountable 30 for such conduct under rules established under this section. It is a 31 defense to a finding of willful noncompliance with state law if the 32 superintendent or chief administrator can show that they were 33 actively attempting to bring the school district, charter school, or 34 state-tribal education compact school into compliance with the 35 applicable state law. 36 (2) For the purposes of this section, "willful" and 37 "noncompliance with state law" have the same meaning as in section 38 302 of this act. 39 p. 16 ESHB 1296.SL Sec. 310. RCW 28A.343.360 and 1990 c 33 s 314 are each amended 1 to read as follows: 2 Every person elected or appointed to the office of school 3 director, before entering upon the discharge of the duties thereof, 4 shall take an oath or affirmation to support the Constitution of the 5 United States and the state of Washington and the laws of the state 6 of Washington and to faithfully discharge the duties of the office 7 according to the best of his or her ability. In case any official has 8 a written appointment or commission, the official's oath or 9 affirmation shall be endorsed thereon and sworn to before any officer 10 authorized to administer oaths. School officials are hereby 11 authorized to administer all oaths or affirmations pertaining to 12 their respective offices without charge or fee. All oaths of office, 13 when properly made, shall be filed with the county auditor. Every 14 person elected to the office of school director shall begin his or 15 her term of office at the first official meeting of the board of 16 directors following certification of the election results. 17 Sec. 311. RCW 28A.710.185 and 2023 c 356 s 11 are each amended 18 to read as follows: 19 (1)(a) By November 1, 2023, the commission shall establish and 20 maintain on its website an online system for students who attend 21 charter schools, and the parents of those students, to submit 22 complaints about the operation and administration of one or more 23 charter schools, including complaints about the provision of 24 education services and complaints alleging noncompliance with the 25 requirements of this chapter or other provisions governing charter 26 schools. 27 (b)(i) The commission shall acknowledge the receipt of each 28 received complaint within 10 business days and shall, in a timely 29 manner, perform any inquiries or other actions it deems necessary and 30 appropriate to respond to each received complaint, unless the 31 complaint is alleging willful noncompliance with state law as defined 32 in section 302 of this act. 33 (ii) After determining that a person has exhausted any available 34 complaint procedures in accordance with section 303(2)(c) of this 35 act, the commission shall forward any complaints alleging willful 36 noncompliance with state law as defined in section 302 of this act to 37 the office of the superintendent of public instruction and these 38 p. 17 ESHB 1296.SL complaints must follow the process established under sections 303 1 through 305 of this act. 2 (2) The commission shall adopt and revise as necessary rules to 3 implement this section. 4 NEW SECTION. Sec. 312. A new section is added to chapter 5 28A.710 RCW to read as follows: 6 (1) Except as provided otherwise by this section, sections 302 7 through 305 of this act govern school operation and management under 8 RCW 28A.710.040 and apply to charter schools established under this 9 chapter. 10 (2) Section 302(4) of this act governs school operation and 11 management under RCW 28A.710.040 and applies to charter schools to 12 the extent that a statute or chapter listed in section 302(4) of this 13 act applies to charter schools under RCW 28A.710.040. 14 NEW SECTION. Sec. 313. A new section is added to chapter 15 28A.715 RCW to read as follows: 16 (1) Except as provided otherwise by this section, sections 302 17 through 305 of this act govern school operation and management under 18 RCW 28A.715.020 and apply to state-tribal education compact schools 19 subject to this chapter to the same extent as it applies to school 20 districts. 21 (2) Section 302(4) of this act governs school operation and 22 management under RCW 28A.715.020 and applies to state-tribal 23 education compact schools subject to this chapter to the extent that 24 a statute or chapter listed in section 302(4) of this act applies to 25 state-tribal education compact schools under RCW 28A.715.020. 26 NEW SECTION. Sec. 314. Sections 302 through 305 of this act are 27 each added to chapter 28A.300 RCW. 28 NEW SECTION. Sec. 315. Section 308 of this act takes effect 29 August 1, 2025. 30 PART FOUR 31 RETALIATION PROTECTIONS 32 NEW SECTION. Sec. 401. A new section is added to chapter 33 28A.400 RCW to read as follows: 34 p. 18 ESHB 1296.SL (1) School district employees and directors may not take an 1 adverse employment action against any employee of the school district 2 for: 3 (a) Supporting students in the exercise of their legal rights, 4 including their right to a learning environment with historically and 5 scientifically accurate information that: Includes the histories, 6 contributions, and perspectives of historically marginalized and 7 underrepresented groups as provided in RCW 28A.345.130; and provides 8 students with an appreciation for the contributions and perspectives 9 of diverse, global cultures; or 10 (b) Performing work in a manner consistent with RCW 28A.642.080, 11 28A.642.020, and 28A.605.005, and sections 101, 201, and 202 of this 12 act. 13 (2) In addition to the prohibitions established in subsection (1) 14 of this section, school district employees and directors may not take 15 an adverse employment action against a teacher of the school district 16 for: 17 (a) Instructing students in a manner consistent with state 18 learning standards; or 19 (b) Using instructional materials approved in accordance with RCW 20 28A.320.230 that are culturally and experientially representative, 21 including materials on the study of the role and contributions of 22 individuals or groups that are part of a protected class under RCW 23 28A.642.010 and 28A.640.010. 24 (3) For the purposes of this section, an "adverse employment 25 action" includes termination, demotion, suspension, discipline, 26 denial of promotion, reassignment, negatively impacting the 27 evaluation of certificated staff under RCW 28A.405.100, removal from, 28 or denying access to, a supplemental contract, or otherwise taking 29 any negative employment action against the employee. 30 (4) This section governs school operation and management under 31 RCW 28A.710.040 and 28A.715.020, and applies to charter schools 32 established under chapter 28A.710 RCW and state-tribal education 33 compact schools subject to chapter 28A.715 RCW to the same extent as 34 it applies to school districts. 35 PART FIVE 36 RIGHTS OF PARENTS AND LEGAL GUARDIANS 37 p. 19 ESHB 1296.SL Sec. 501. RCW 28A.605.005 and 2024 c 4 s 1 are each amended to 1 read as follows: 2 (1) The legislature finds that: (a) Parents are the primary 3 stakeholders in their children's upbringing; (b) parental involvement 4 is a significant factor in increasing student achievement; and (c) 5 access to student information encourages greater parental 6 involvement. 7 (2) Parents and legal guardians of ((public school children 8 younger than 18 years old have all of)) children enrolled in public 9 schools as defined in RCW 28A.150.010 have the following rights: 10 (a) To access their child's classroom and school-sponsored 11 activities to observe in accordance with RCW 28A.605.020 and to 12 examine the curriculum, textbooks, ((curriculum)) instructional 13 materials, and supplemental ((material)) instructional materials used 14 in their child's classroom in accordance with policies and 15 procedures; 16 (b)(i) To inspect and review their child's ((public school)) 17 education records ((in accordance with RCW 28A.605.030,)) and to 18 request and receive a copy of their child's education records within 19 ((10 business days of submitting a written request, either 20 electronically or on paper)) a reasonable period of time, but not 21 more than 45 days, of submitting a request in accordance with the 22 federal family educational rights and privacy act of 1974, Title 20 23 U.S.C. Sec. 1232g, as in effect on January 1, 2025, and RCW 24 28A.605.030. 25 (ii) Parents ((or)) and legal guardians ((must)) choosing to 26 inspect and review their child's education records may not be 27 required by a public school to appear in person for the purposes of 28 requesting or validating a request for their child's ((public 29 school)) education records, provided the public school can ascertain 30 the identity of the requestor. 31 (iii) No charge may be imposed on a parent or legal guardian to 32 ((receive such records electronically)) inspect or review their 33 child's education records or for the costs of searching for or 34 retrieving the education records. Any charges for a ((paper)) copy of 35 such records must be reasonable ((and)), not prevent a parent, legal 36 guardian, or eligible child from exercising the right to inspect and 37 review the child's education records, and be set forth in the 38 official policies and procedures of the school district and public 39 school. 40 p. 20 ESHB 1296.SL (iv) ((Public school records include all of the following: 1 (A) Academic records including, but not limited to, test and 2 assessment scores in accordance with RCW 28A.230.195; 3 (B) Medical or health records; 4 (C) Records of any mental health counseling; 5 (D) Records of any vocational counseling; 6 (E) Records of discipline, including expulsions and suspensions 7 under RCW 28A.600.015; 8 (F) Records of attendance, including unexcused absences in 9 accordance with RCW 28A.225.020; 10 (G) Records associated with a child's screening for learning 11 challenges, exceptionalities, plans for an individualized education 12 program, or plan adopted under section 504 of the rehabilitation act 13 of 1973; and 14 (H) Any other student-specific files, documents, or other 15 materials that are maintained by the public school)) Education 16 records means those official records, files, and data directly 17 related to a student and maintained by the public school including, 18 but not limited to, records encompassing all the material kept in the 19 child's cumulative folder, such as general identifying data, records 20 of attendance and of academic work completed, records of achievement 21 and results of evaluative tests, disciplinary status, test protocols, 22 and individualized education programs; 23 (v) Education records do not include records that are kept in the 24 sole possession of the maker, are used only as a personal memory aid, 25 and are not accessible or revealed to any other person except a 26 temporary substitute for the maker of the record; 27 (vi) Nothing in this section changes the access and disclosure 28 provisions established in chapter 70.02 RCW related to health care 29 information; 30 (c) ((To receive prior notification when medical services are 31 being offered to their child, except where emergency medical 32 treatment is required. In cases where emergency medical treatment is 33 required, the parent and legal guardian must be notified as soon as 34 practicable after the treatment is rendered; 35 (d) To receive notification when any medical service or 36 medications have been provided to their child that could result in 37 any financial impact to the parent's or legal guardian's health 38 insurance payments or copays; 39 p. 21 ESHB 1296.SL (e) To receive notification when the school has arranged directly 1 or indirectly for medical treatment that results in follow-up care 2 beyond normal school hours. Follow-up care includes monitoring the 3 child for aches and pains, medications, medical devices such as 4 crutches, and emotional care needed for the healing process; 5 (f))) To receive immediate notification ((if)) upon receipt of a 6 report that a criminal action is ((deemed)) alleged to have been 7 committed against their child ((or by their child)) on school 8 property during the school day or during a school sponsored activity, 9 including immediate notification if there has been a shooting on 10 school property, or their child has been detained based on probable 11 cause of involvement in criminal activity on school property during 12 the school day; 13 (((g))) (d) To receive immediate notification upon receipt of a 14 report that their child is alleged to be the victim, target, or 15 recipient of physical or sexual abuse, sexual misconduct, or assault 16 by a school employee or school contractor, as required by RCW 17 28A.320.160; 18 (e) To receive immediate notification if law enforcement 19 personnel question their child during a custodial interrogation at 20 the school during the school day, except in cases where the parent or 21 legal guardian has been accused of abusing or neglecting the child; 22 (((h))) (f) To ((receive immediate notification if their child is 23 taken or removed from the public school campus without parental 24 permission, including to stay at a youth shelter or "host home" as 25 defined in RCW 74.15.020; 26 (i) To receive assurance their child's public school will not 27 discriminate against their child based upon the sincerely held 28 religious beliefs of the child's family in accordance with chapter)) 29 not have their child removed from school grounds or buildings during 30 school hours without authorization of a parent or legal guardian 31 according to the provisions in RCW 28A.605.010. Nothing in this 32 section affects the provisions in RCW 74.15.020, 13.32A.082, 33 26.44.050, or 26.44.115; 34 (g) To have their child receive a public education in a setting 35 in which discrimination on the basis of sex, race, creed, religion, 36 color, national origin, honorably discharged veteran or military 37 status, sexual orientation, gender expression, gender identity, the 38 presence of any sensory, mental, or physical disability, or the use 39 p. 22 ESHB 1296.SL of a trained dog guide or service animal by a person with a 1 disability is prohibited under chapters 28A.640 and 28A.642 RCW; 2 (((j) To)) (h) In accordance with the protection of pupil rights, 3 Title 20 U.S.C. Sec. 1232h, the right to receive written notice and 4 the option to opt their child out of any ((surveys, assignments, 5 questionnaires, role-playing activities, recordings of their child, 6 or other student engagements that include questions about any of the 7 following: 8 (i) The child's sexual experiences or attractions; 9 (ii) The child's family beliefs, morality, religion, or political 10 affiliations; 11 (iii) Any mental health or psychological problems of the child or 12 a family member; and 13 (iv) All surveys, analyses, and evaluations subject to areas 14 covered by the protection of pupil rights amendment of the family 15 educational rights and privacy act)) survey, analysis, or evaluation 16 that reveals information concerning: 17 (i) Political affiliations or beliefs of the student or the 18 student's parent or legal guardian; 19 (ii) Mental or psychological problems of the student or the 20 student's family; 21 (iii) Sex behavior and attitudes; 22 (iv) Illegal, antisocial, self-incriminating or demeaning 23 behavior; 24 (v) Critical appraisals of other individuals with whom 25 respondents have close family relationships; 26 (vi) Legally recognized privileged or analogous relationships, 27 such as those of lawyers, physicians, and ministers; 28 (vii) Religious practices, affiliations, or beliefs of the 29 student or student's parent or legal guardian; or 30 (viii) Income, other than that required by law to determine 31 eligibility for participation in a program or for receiving financial 32 assistance under such program; 33 (((k))) (i) To receive written notice and have the option to opt 34 their child out of ((instruction on topics associated with sexual 35 activity)) comprehensive sexual health education in accordance with 36 RCW 28A.300.475; 37 (((l))) (j) To receive from the public school the annual school 38 calendar, no later than 30 days prior to the beginning of the school 39 year, and to be notified in writing as soon as feasible of any 40 p. 23 ESHB 1296.SL revisions to such calendar. Such calendar must be posted to the 1 public school's website and must include, at a minimum, student 2 attendance days and any known event that requires parent, legal 3 guardian, or student attendance outside of normal school days or 4 hours; 5 (((m))) (k) To receive in writing each year or to view on the 6 public school's website a comprehensive listing of any required fee 7 and its purpose and use and a description of how economic hardships 8 may be ((addressed; 9 (n))) considered in the administration of fees; 10 (l) To receive in writing each year or to view on the public 11 school's website a description of the school's required dress code or 12 uniform established pursuant to the policies established and allowed 13 by RCW 28A.320.140, if applicable, for students; ((and 14 (o))) (m) To be informed if their child's academic ((performance, 15 including whether their child is provided a student learning plan 16 under RCW 28A.655.270)) progress, including the right to receive 17 periodic reports on their child's educational growth and development 18 in accordance with RCW 28A.150.240 and to receive notice of their 19 child's performance on state learning standards tests and assessments 20 in accordance with RCW 28A.230.195, and whether the performance, is 21 such that it could threaten the child's ability to be promoted to the 22 next grade level ((and to be offered)). A parent or legal guardian 23 also has the right to request an in-person meeting with the child's 24 classroom teacher and principal to discuss any resources or 25 strategies available to support and encourage the child's academic 26 improvement; 27 (n) To file a complaint on behalf of their child under RCW 28 28A.600.477 relating to harassment, intimidation, and bullying; 29 (o) To have their child qualify for enrollment in a school 30 district if they are transferred to, or pending transfer to, a 31 military installation within the state in accordance with RCW 32 28A.225.216; 33 (p) To request enrollment for their child in a charter school 34 established under chapter 28A.710 RCW; 35 (q) To have their child qualify without a legal residence for 36 enrollment in a school district in accordance with RCW 28A.225.215; 37 (r) To have their child whose primary language is not English 38 access supplemental instruction and services through the transitional 39 bilingual instruction program in accordance with RCW 28A.150.220; 40 p. 24 ESHB 1296.SL (s) To receive annual notice of the public school's language 1 access policies and services, the parents' rights to free language 2 access services under Title VI of the civil rights act of 1964, 42 3 U.S.C. Sec. 2000d, et seq., and the contact information for any 4 language access services under RCW 28A.183.040; 5 (t) To request enrollment for their child in a nonresident school 6 district in accordance with RCW 28A.225.220, 28A.225.225, and 7 28A.225.230; 8 (u) To be notified of unexcused absences and to engage in efforts 9 to eliminate or reduce their child's absences in accordance with RCW 10 28A.225.015, 28A.225.018, and 28A.225.020; 11 (v) To request, under RCW 28A.155.090, information about special 12 education programs and assistance for their child if their child is 13 eligible for but not receiving special education services, including 14 due to illness; 15 (w) To request an appeal to the superintendent of public 16 instruction under RCW 28A.155.080 if their child with disabilities 17 has been denied the opportunity of a special education program by a 18 school district or public school; and 19 (x) To access special education due process hearings regarding 20 their child as required by RCW 28A.155.020. 21 (3) Notwithstanding anything to the contrary, a public school 22 shall not be required to release any records or information regarding 23 a student's ((medical or health records or mental health counseling)) 24 health care, social work, counseling, or disciplinary records to a 25 parent or legal guardian who is the defendant in a criminal 26 proceeding where the student is the named victim or during the 27 pendency of an investigation of child abuse or neglect conducted by 28 any law enforcement agency or the department of children, youth, and 29 families where the parent or legal guardian is the target of the 30 investigation, unless the parent or legal guardian has obtained a 31 court order. 32 (4) ((As used in this section "public school" has the same 33 meaning as in RCW 28A.150.010)) Nothing in this section creates a 34 private right of action. 35 PART SIX 36 MISCELLANEOUS PROVISIONS 37 p. 25 ESHB 1296.SL Sec. 601. RCW 28A.320.160 and 2005 c 274 s 244 are each amended 1 to read as follows: 2 ((School districts must, at the first opportunity but in all 3 cases within forty-eight hours of receiving a report alleging sexual 4 misconduct by a school employee, notify the parents of a student 5 alleged to be the victim, target, or recipient of the misconduct.)) 6 (1) After receiving a report of an allegation that a student is a 7 victim, target, or recipient of physical or sexual abuse, sexual 8 misconduct, or assault by a school employee or school contractor, the 9 school district must immediately notify the parents or legal 10 guardians of that student. 11 (2) School districts shall provide parents and legal guardians 12 with information regarding their rights under the public records act, 13 chapter 42.56 RCW, to request the public records regarding school 14 employee discipline. This information ((shall)) must be provided to 15 all parents and legal guardians on an annual basis. 16 (3) This section governs school operation and management under 17 RCW 28A.710.040 and 28A.715.020, and applies to charter schools 18 established under chapter 28A.710 RCW and state-tribal education 19 compact schools subject to chapter 28A.715 RCW to the same extent it 20 applies to school districts. 21 Sec. 602. RCW 28A.400.317 and 2013 c 10 s 4 are each amended to 22 read as follows: 23 (1) A certificated or classified school employee or school 24 contractor who has knowledge or reasonable cause to believe that a 25 student has been a victim, target, or recipient of physical or sexual 26 abuse ((or)), sexual misconduct, or assault by another school 27 employee or contractor, shall report such abuse ((or)), misconduct, 28 or assault to the appropriate school administrator. The school 29 administrator shall cause a report to be made to the proper law 30 enforcement agency if he or she has reasonable cause to believe that 31 the sexual misconduct ((or)), physical or sexual abuse, or assault 32 has occurred as required under RCW 26.44.030. During the process of 33 making a reasonable cause determination, the school administrator 34 shall contact all parties involved in the complaint and immediately 35 notify parents and legal guardians as required by RCW 28A.320.160. 36 (2) Certificated and classified school employees shall receive 37 training regarding their reporting obligations under state law in 38 their orientation training when hired and then every three years 39 p. 26 ESHB 1296.SL thereafter. The training required under this subsection may be 1 incorporated within existing training programs and related resources. 2 (3) Nothing in this section changes any of the duties established 3 under RCW 26.44.030. 4 NEW SECTION. Sec. 603. Except for section 308 of this act, this 5 act is necessary for the immediate preservation of the public peace, 6 health, or safety, or support of the state government and its 7 existing public institutions, and takes effect immediately. 8 Passed by the House April 24, 2025. Passed by the Senate April 11, 2025. Approved by the Governor May 20, 2025. Filed in Office of Secretary of State May 21, 2025. --- END --- p. 27 ESHB 1296.SL