Text of WA SB 5123 (2026)

AN ACT Relating to expanding protections for certain students to 1 promote inclusivity in public schools; amending RCW 28A.642.010; 2 adding a new section to chapter 28A.642 RCW; and creating a new 3 section. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 5 NEW SECTION. Sec. 1. The legislature finds that: 6 (1) Clear and comprehensive definitions that reflect an evolving 7 understanding of identity can ensure that Washington schools are at 8 the forefront of inclusivity; 9 (2) While federal protections provide a foundation, the 10 legislature recognizes the urgency of addressing the needs of diverse 11 communities. Through state protections, the legislature ensures 12 equity and justice for every student regardless of federal action or 13 inaction; 14 (3) Discrimination can create an environment of harassment and 15 exclusion, creating barriers to learning and development and leading 16 to severe impacts on student mental health and academic success. This 17 often results in higher rates of anxiety and depression for 18 marginalized students; 19 (4) Inclusive schools have been shown to improve mental health 20 outcomes through a sense of belonging. For example, LGBTQ-affirming 21 S-0429.1 SENATE BILL 5123 State of Washington 69th Legislature 2025 Regular Session By Senators Nobles and C. Wilson Prefiled 12/30/24. p. 1 SB 5123 schools play a role in reducing suicidal ideation for LGBTQ students 1 according to the Trevor project; and 2 (5) By providing statewide protections for marginalized students, 3 Washington can pave the way for more inclusivity. 4 NEW SECTION. Sec. 2. A new section is added to chapter 28A.642 5 RCW to read as follows: 6 The definitions in this section apply throughout this chapter 7 unless the context clearly requires otherwise. 8 (1) "Ethnicity" means a connection to a population group that 9 shares a common cultural heritage or ancestry. 10 (2) "Gender expression" means the external appearance of one's 11 gender identity, usually expressed through behavior, clothing, body 12 characteristics, or voice, and which may or may not conform to 13 socially defined behaviors and characteristics typically associated 14 with being either masculine or feminine. 15 (3) "Gender identity" means a person's internal sense of being 16 male, female, both, neither, or in-between, independent of how it is 17 expressed or perceived by others. 18 (4) "Homelessness" means without a fixed, regular, and adequate 19 nighttime residence, including circumstances such as sharing the 20 housing of other persons due to loss of housing, economic hardship, 21 fleeing domestic violence, or a similar reason as set forth in the 22 federal McKinney-Vento homeless assistance act, 42 U.S.C. Sec. 11301 23 et seq. 24 (5)(a) "Immigration status" means the actual or perceived legal 25 condition or classification of a person and their parents or 26 guardians if the person is a minor as it relates to their presence 27 and rights to reside in a country that is not their country of 28 citizenship or origin. 29 (b) "Immigration status" includes, but is not limited to, the 30 statuses of naturalized citizen, permanent resident, visa holder, 31 undocumented, and refugee. 32 (6) "Neurodivergence" means neurological differences including, 33 but not limited to, autism spectrum disorder, dyslexia, and attention 34 deficit hyperactivity disorder. Neurodivergent individuals may or may 35 not identify as disabled. 36 (7) "Sexual orientation" means an individual's enduring pattern 37 of romantic, emotional, or sexual attraction to people of the same 38 gender, a different gender, or multiple genders. 39 p. 2 SB 5123 Sec. 3. RCW 28A.642.010 and 2010 c 240 s 2 are each amended to 1 read as follows: 2 Discrimination in Washington public schools on the basis of race, 3 ethnicity, creed, religion, color, national origin, honorably 4 discharged veteran or military status, sexual orientation 5 ((including)), gender expression ((or)), gender identity, 6 homelessness, immigration status, the presence of any sensory, 7 mental, or physical disability, neurodivergence, or the use of a 8 trained dog guide or service animal by a person with a disability is 9 prohibited. The definitions given these terms in chapter 49.60 RCW 10 apply throughout this chapter except as provided in section 2 of this 11 act and unless the context clearly requires otherwise. 12 --- END --- p. 3 SB 5123