Text of WA SB 5181 (2026)

AN ACT Relating to amending the parents rights initiative to 1 bring it into alignment with existing law; and amending RCW 2 28A.605.005. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 4 Sec. 1. RCW 28A.605.005 and 2024 c 4 s 1 are each amended to 5 read as follows: 6 (1) The legislature finds that: (a) Parents are the primary 7 stakeholders in their children's upbringing; (b) parental involvement 8 is a significant factor in increasing student achievement; and (c) 9 access to student information encourages greater parental 10 involvement. 11 (2) Parents and legal guardians of ((public school children 12 younger than 18 years old have all of)) children enrolled in public 13 schools as defined in RCW 28A.150.010 have the following rights: 14 (a) To access their child's classroom and school-sponsored 15 activities to observe in accordance with RCW 28A.605.020 and to 16 examine the curriculum, textbooks, ((curriculum)) instructional 17 materials, and supplemental ((material)) instructional materials used 18 in their child's classroom in accordance with school district 19 policies and procedures; 20 S-0199.4 SENATE BILL 5181 State of Washington 69th Legislature 2025 Regular Session By Senators C. Wilson and Pedersen Prefiled 01/08/25. p. 1 SB 5181 (b)(i) To inspect their child's ((public school)) education 1 records in accordance with RCW 28A.605.030, and to request and 2 receive a copy of their child's education records ((within 10 3 business days of submitting a written request, either electronically 4 or on paper)) in accordance with the federal family educational 5 rights and privacy act of 1974, Title 20 U.S.C. Sec. 1232g, as in 6 effect on January 1, 2025, within a reasonable period of time. 7 (ii) Parents or legal guardians must not be required to appear in 8 person for the purposes of requesting or validating a request for 9 their child's ((public school)) education records. 10 (iii) No charge may be imposed on a parent or legal guardian to 11 ((receive such records electronically)) inspect their child's 12 education records or for the costs of searching for or retrieving the 13 education records. Any charges for a ((paper)) copy of such records 14 must be reasonable ((and)), not prevent a parent, legal guardian, or 15 eligible child from exercising the right to inspect and review the 16 child's education records, and be set forth in the official policies 17 and procedures of the school district. 18 (iv) ((Public school records include all of the following: 19 (A) Academic records including, but not limited to, test and 20 assessment scores in accordance with RCW 28A.230.195; 21 (B) Medical or health records; 22 (C) Records of any mental health counseling; 23 (D) Records of any vocational counseling; 24 (E) Records of discipline, including expulsions and suspensions 25 under RCW 28A.600.015; 26 (F) Records of attendance, including unexcused absences in 27 accordance with RCW 28A.225.020; 28 (G) Records associated with a child's screening for learning 29 challenges, exceptionalities, plans for an individualized education 30 program, or plan adopted under section 504 of the rehabilitation act 31 of 1973; and 32 (H) Any other student-specific files, documents, or other 33 materials that are maintained by the public school)) Education 34 records means those official records, files, and data directly 35 related to a student and maintained by the school including, but not 36 limited to, records encompassing all the material kept in the child's 37 cumulative folder, such as general identifying data, records of 38 attendance and of academic work completed, records of achievement and 39 p. 2 SB 5181 results of evaluative tests, disciplinary status, test protocols, and 1 individualized education programs; 2 (v) Education records do not include records that are kept in the 3 sole possession of the maker, are used only as a personal memory aid, 4 and are not accessible or revealed to any other person except a 5 temporary substitute for the maker of the record; 6 (vi) Nothing in this section changes the access and disclosure 7 provisions established in chapter 70.02 RCW related to health care 8 information; 9 (c) ((To receive prior notification when medical services are 10 being offered to their child, except where emergency medical 11 treatment is required. In cases where emergency medical treatment is 12 required, the parent and legal guardian must be notified as soon as 13 practicable after the treatment is rendered; 14 (d) To receive notification when any medical service or 15 medications have been provided to their child that could result in 16 any financial impact to the parent's or legal guardian's health 17 insurance payments or copays; 18 (e) To receive notification when the school has arranged directly 19 or indirectly for medical treatment that results in follow-up care 20 beyond normal school hours. Follow-up care includes monitoring the 21 child for aches and pains, medications, medical devices such as 22 crutches, and emotional care needed for the healing process; 23 (f))) To receive ((immediate)) notification ((if a criminal 24 action is deemed to have)) within a reasonable amount of time, but no 25 later than 72 hours, of the school district receiving information 26 that a criminal action has been committed against their child ((or by 27 their child)) on school property during the school day or their child 28 has been detained based on probable cause of involvement in criminal 29 activity on school property during the school day; 30 (((g))) (d) To receive ((immediate)) notification within a 31 reasonable amount of time, but no later than 72 hours, if law 32 enforcement personnel question their child during a custodial 33 interrogation at the school during the school day, except in cases 34 where the parent or legal guardian has been accused of abusing or 35 neglecting the child; 36 (((h))) (e) To receive ((immediate notification if their child is 37 taken or removed from the public school campus without parental 38 permission, including to stay at a youth shelter or "host home" as 39 defined in RCW 74.15.020)) notification within a reasonable amount of 40 p. 3 SB 5181 time, but no later than 72 hours, if their child is removed from any 1 school grounds or building thereon during school hours, pursuant to 2 the policies established and required by RCW 28A.605.010, except 3 where the provisions of RCW 74.15.020, 13.32A.082, 26.44.050, or 4 26.44.115 apply, in which case the notice provisions related to those 5 statutes govern; 6 (((i))) (f) To receive assurance their child's public school will 7 not discriminate against their child based ((upon the sincerely held 8 religious beliefs of the child's family in accordance with chapter)) 9 on the basis of sex, race, creed, religion, color, national origin, 10 honorably discharged veteran or military status, sexual orientation 11 including gender expression or identity, the presence of any sensory, 12 mental, or physical disability, or the use of a trained dog guide or 13 service animal by a person with a disability in accordance with 14 chapters 28A.640 and 28A.642 RCW; 15 (((j) To)) (g) In accordance with the protection of pupil rights, 16 Title 20 U.S.C. Sec. 1232h, the right to receive written notice and 17 the option to opt their child out of any ((surveys, assignments, 18 questionnaires, role-playing activities, recordings of their child, 19 or other student engagements that include questions about any of the 20 following: 21 (i) The child's sexual experiences or attractions; 22 (ii) The child's family beliefs, morality, religion, or political 23 affiliations; 24 (iii) Any mental health or psychological problems of the child or 25 a family member; and 26 (iv) All surveys, analyses, and evaluations subject to areas 27 covered by the protection of pupil rights amendment of the family 28 educational rights and privacy act)) survey, analysis, or evaluation 29 that reveals information concerning: 30 (i) Political affiliations or beliefs of the child or the child's 31 parent or legal guardian; 32 (ii) Mental or psychological problems of the child or the child's 33 family; 34 (iii) Sex behavior and attitudes; 35 (iv) Illegal, antisocial, self-incriminating or demeaning 36 behavior; 37 (v) Critical appraisals of other individuals with whom 38 respondents have close family relationships; 39 p. 4 SB 5181 (vi) Legally recognized privileged or analogous relationships, 1 such as those of lawyers, physicians, and ministers; 2 (vii) Religious practices, affiliations, or beliefs of the child 3 or child's parent or legal guardian; or 4 (viii) Income, other than that required by law to determine 5 eligibility for participation in a program or for receiving financial 6 assistance under such program; 7 (((k))) (h) To receive written notice and have the option to opt 8 their child out of ((instruction on topics associated with sexual 9 activity)) comprehensive sexual health education in accordance with 10 RCW 28A.300.475; 11 (((l))) (i) To receive from the public school the annual school 12 calendar, no later than 30 days prior to the beginning of the school 13 year, and to be notified in writing as soon as feasible of any 14 revisions to such calendar. Such calendar must be posted to the 15 public school's website and must include, at a minimum, student 16 attendance days and any event that requires parent or student 17 attendance outside of normal school days or hours; 18 (((m))) (j) To receive in writing each year or to view on the 19 public school's website a comprehensive listing of any required fee 20 and its purpose and use and a description of how economic hardships 21 may be addressed; 22 (((n))) (k) To receive in writing each year or to view on the 23 school's website a description of the school's required dress code or 24 uniform established pursuant to the policies established and allowed 25 by RCW 28A.320.140, if applicable, for students; and 26 (((o))) (l) To be informed if their child's academic 27 ((performance, including whether their child is provided a student 28 learning plan under RCW 28A.655.270)) progress, including the right 29 to receive periodic reports on their child's educational growth and 30 development in accordance with RCW 28A.150.240 and to receive notice 31 of their child's performance on state learning standards tests and 32 assessments in accordance with RCW 28A.230.195, and whether the 33 performance, is such that it could threaten the child's ability to be 34 promoted to the next grade level ((and to be offered)). A parent or 35 legal guardian also has the right to request an in-person meeting 36 with the child's classroom teacher and principal to discuss any 37 resources or strategies available to support and encourage the 38 child's academic improvement. 39 p. 5 SB 5181 (3) Notwithstanding anything to the contrary, a public school 1 shall not be required to release any records or information regarding 2 a student's ((medical or health records or mental health counseling)) 3 health care, social work, counseling, or disciplinary records to a 4 parent or legal guardian who is the defendant in a criminal 5 proceeding where the student is the named victim or during the 6 pendency of an investigation of child abuse or neglect conducted by 7 any law enforcement agency or the department of children, youth, and 8 families where the parent or legal guardian is the target of the 9 investigation, unless the parent or legal guardian has obtained a 10 court order. 11 (4) ((As used in this section "public school" has the same 12 meaning as in RCW 28A.150.010)) Nothing in this section creates a 13 private right of action. 14 --- END --- p. 6 SB 5181